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Successful Mortgage Cases – Best Lawyers IN DIEM. Seville, Málaga, Madrid, Las Palmas de Gran Canaria, Almería, Tomares, Estepona, Huelva, Mairena del Aljarafe, Mairena del Alcor, Coria del Río, Dos Hermanas. Lawyer specializing in Mortgage Foreclosure.

Mortgage Foreclosure: Successful Cases vs. Caja Rural

02 Oct 2018
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Mortgage Foreclosure: Final Dismissal. The Provincial Court of Seville, Sixth Section, by ORDER dated September 20, 2018, issued a decision ordering the complete dismissal of the mortgage foreclosure proceedings, ordering the banking entity CAJA RURAL DEL SUR to pay the costs. Basically, the Provincial Court of Seville notes the following: 1.- If the floor clause is declared null and void, the bank must provide a new full settlement statement for the loan, with a recalculation of remunerative interest from the first year onwards. 2.- If the bank does not comply with the above, the case and the enforcement proceedings must be definitively dismissed, with no further requests from the court. Accordingly, the mortgage foreclosure proceedings were fully dismissed, rendering them without effect. Mortgage Foreclosure: Decision of the Provincial Court of Seville. The verbatim wording of the decision is as follows: “FIRST.- In the mortgage foreclosure proceedings, the defendant filed an...
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Tourist Apartments. Immediate Cessation. Specialist Lawyers. Seville, Málaga, Madrid, Las Palmas de Gran Canaria, Tomares, Coria del Río, Mairena del Alcor, Mairena del Aljarafe, Dos Hermanas, Estepona

Immediate cessation of tourist apartment activities

30 Sep 2018
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Immediate cessation of Tourist Apartment activities. The activity of tourist apartments, recently regulated, is in some cases generating coexistence issues among neighbors that are being brought before our courts. Generally speaking, the Courts agree that “it cannot be concluded in the abstract that the existence of housing for tourist use represents an activity contrary to normal coexistence in the community; rather, it is necessary that the use made of it can be labeled as anomalous or antisocial, as a consequence of a series of behaviors or actions that deserve to be considered uncivil. However, this analysis must occur on a case-by-case basis” (TSJC). IN DIEM Abogados already echoed this resolution on our Blog, which you can consult HERE. In this regard, the aforementioned TSJC has issued a ruling confirming that homeowners’ associations can change their bylaws to prohibit tourist apartments, but it determines that this decision cannot affect an owner...
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New CNMV ICO Criteria. IN DIEM Lawyers.

New CNMV Criteria for ICO Issuance

25 Sep 2018
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New CNMV criteria for ICO issuance. The CNMV —jointly with the Bank of Spain— issued a statement dated February 8, 2018, which we have already referenced in previous publications, warning that numerous actions are taking place to raise funds from investors to finance projects through so-called “initial cryptocurrency offerings” or ICOs (Initial Coin Offering, an acronym that evokes the expression IPO or Initial Public Offering, used in relation to stock market listing processes). The aforementioned statement was based on the commonly accepted premise that the term ICO may refer to: 1. Cryptocurrency Issuance 2. Issuance of rights of various types called “tokens” (“vouchers” could be the Spanish translation). These assets are offered for sale in exchange for “cryptocurrencies” such as bitcoins or ethers or official currency (for example, euros). The uses and characteristics of these “tokens” vary, with the most common classification being the one that distinguishes between two types...
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BitPay Bitcoin Abogados IN DIEM Cryptocurrencies

IN DIEM integrates the BitPay Payment Gateway for BTC and BCH payments

15 Sep 2018
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Abogados IN DIEM integrates the BitPay payment gateway in order to facilitate payments in virtual currencies and, initially, in Bitcoin (BTC) and Bitcoin Cash (BCH). BitPay is a global bitcoin payment service provider based in Atlanta (Georgia, USA) and offers one of the largest platforms currently on the market, providing comprehensive support for—among other things—processing exchanges and payments with Bitcoin. This gateway is very easy to use and makes paying for legal services with the aforementioned cryptocurrencies a reality. Through the integration of BitPay on our website, users can access a payment platform that allows payments in BTC and BCH based on a reference in EUR. Through this integration, Abogados IN DIEM continues to innovate and lead the development of virtual currencies, providing assistance and support through our technicians and professionals throughout the payment process. Initially, three payment options have been established for €150 (€181.50, incl. VAT), €300 (€363, incl....
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Interest Rate Swap. Specialist Lawyers in Swaps and Banking Law. Seville, Malaga, Madrid, Las Palmas de Gran Canaria, Tomares, Coria del Río, Mairena del Alcor, Mairena del Aljarafe, Dos Hermanas, Estepona

Interest Rate Swap. Specialist Lawyers in Swaps.

14 Aug 2018
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Interest Rate Swap Interest Rate Swaps (IRS) are among the most complex financial products, generating a high level of litigation with financial institutions. We recommend that all our clients, whether businesses or individuals, review the terms of their contracted swaps and, subsequently, consider renegotiating or litigating with the banking entity. Swaps: Financial Derivatives. Preliminary Concepts. A swap is a type of financial derivative of English origin, also known in Spain as a financial swap. To understand this financial instrument, we must first examine what financial derivatives are. A derivative is a financial product whose value is based on the price of another asset, which can be of a very different nature, such as interest rates, inflation, shares, indices, commodities, etc. Therefore, these products are always related to another asset called the underlying asset. This fact allows for a wide variety of possibilities, but to be brief, we will focus on...
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Cryptocurrency ATMs in Madrid (Spain). ATMs installation in Madrid (Spain)

Cryptocurrency ATMs in Madrid, Seville, Malaga, and Las Palmas

13 Aug 2018
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Cryptocurrency ATMs in Madrid, Seville, Malaga, and Las Palmas. In this post, we will discuss the current situation of cryptocurrency ATMs in Madrid, Seville, Malaga, and Las Palmas, their number and location, to facilitate the use and conversion of virtual currencies. However, before that, it is interesting to note that SPAIN ranks a prominent sixth in the number of ATMs for the conversion and cash withdrawal of Cryptocurrencies. Currently, according to coinatmradar.com, the ranking is as follows: United States: 2178 ATMs Canada: 630 ATMs United Kingdom: 176 ATMs Austria: 171 ATMs Russia: 75 ATMs Spain: 62 ATMs Czech Republic: 60 ATMs Australia: 52 ATMs Italy: 33 ATMs Australia: 52 ATMs In this ranking, Spain reflects its rapid adaptation to virtual currencies, surpassing the situation in Switzerland, Japan, Belgium, Israel, France, or Ireland, among others. The website coinatmradar.com analyzes the following operable currencies: Bitcoin (BTC), Bitcoin Cash (BCH), Ether (ETH), Dash...
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Judicial Incapacity. Legal Capacity and Capacity to Act. Incapacitated Persons. Judicial Procedure. Authorized Parties. Evidence. Judgment. Lawyers Seville, Tomares, Mairena del Aljarafe, Mairena del Alcor, Dos Hermanas, Coria del Río, Malaga, Estepona, Madrid, Huelva, Las Palmas de Gran Canaria. Dependent Persons. Protection.

Civil Judicial Incapacity

10 Aug 2018
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Judicial Incapacity. Legal Capacity and Capacity to Act. From birth, all individuals possess legal capacity, meaning the ability to hold both rights and obligations, and likewise, to be subjects of legal relationships. We hold this type of capacity regardless of our age and physical or mental health, and likewise, regardless of our marital status. However, legal capacity should not be confused with capacity to act or to exercise rights, since, unlike the former, this is the capacity that individuals possess from the age of majority and which allows us to perform legal acts. In accordance with the above, we specify that only those subjects with capacity to act can exercise rights and fulfill obligations they hold, not merely those with legal capacity. Hence, an incapacitated person lacks capacity to act and, consequently, cannot personally exercise rights or fulfill obligations of which they nevertheless remain the holder. This means that a...
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Swap and Duty to Inform. IN DIEM Lawyers. Seville, Madrid, Málaga, Las Palmas de Gran Canaria.

Swap and Duty to Inform. Supreme Court. July 2018.

25 Jul 2018
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Swap and Duty to Inform. Case law continues to emphasize non-compliance with regulations regarding Swap and the duty to inform about risks, both in relation to the possibility of negative periodic settlements and in relation to high cancellation costs. In this regard, it continues to emphasize that specialized knowledge of this type of financial product is necessary in order to exclude the existence of error or to consider that it was inexcusable. Supreme Court Judgment of July 17, 2018 For your interest, we provide an extract from the Judgment, particularly from its Fourth Ground: “Case law on breach of information duties and its impact on error as a defect of consent. Application to the case at hand. There are now multiple judgments from this chamber that constitute repeated and consistent case law, to whose content we adhere, which consider that a breach of such regulations, primarily regarding information about the...
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Technological Innovation and Circular Economy Summit | Madrid July 2018

08 Jul 2018
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The Technological Innovation and Circular Economy Summit, held in Madrid on July 6, 2018, featured: Barack Obama, Former President of the USA Christopher Pissarides, Nobel Prize in Economics Finn Kydland, Nobel Prize in Economics Barry Barish, Nobel Prize in Physics Juan Verde, President of ALF Iván Duque, President of Colombia Rosalía Arteaga, Former President of Ecuador Zurab Pololikashvili, Secretary General of the World Tourism Organization Karma Ura, Minister of Happiness of the Kingdom of Bhutan And many more… whose purpose was to raise public awareness about how the circular economy and innovation are competitive advantages for companies, institutions, entrepreneurs, and the country as a whole, thereby promoting a faster and more efficient transition toward a sustainable economic model in Spain. The topics addressed were: The circular economy as a means of promoting and fostering innovation in business. The circular economy as a means of reducing unemployment and improving economic productivity....
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paternity leave. BOE July 4, 2018.

Paternity Leave

04 Jul 2018
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Paternity leave is extended to five weeks. Paternity leave is extended from four to five weeks, benefiting fathers of children born as of this Thursday, July 5, the date the 2018 General State Budget enters into force. The publication in the BOE took place today, July 4, 2018. Amendment of the Workers’ Statute: paternity leave. In particular, Article 48.7 of the Recast Text of the Law on the Workers’ Statute is amended, approved by Royal Legislative Decree 2/2015, of October 23, which is reworded as follows: “7.- In cases of childbirth, adoption, guardianship for the purpose of adoption, or foster care in accordance with Article 45.1.d), the worker shall be entitled to the suspension of the contract for paternity for five weeks, which may be extended in cases of multiple births, adoptions, guardianship for the purpose of adoption, or foster care by two additional days for each child starting from...
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