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Posting a Minor’s Photo on Social Media

25 May 2017
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Posting a Minor’s Photo on Facebook Requires the Consent of Both Parents Right to One’s Own Image and Minors. The right to one’s own image is a fundamental right. The decision to publish a photograph of a child or minor on a social network belongs to the sphere of parental responsibility shared by both parents. Therefore, it is not within the scope of decision-making for custody. This is stated in the Judgment of the Provincial Court of Barcelona dated April 25, 2017. The basis of this Judgment is the repeated doctrine of the Supreme Court. Parents, as holders of parental authority, have the duty and responsibility to protect the image of their minor children. As the Supreme Court points out, the agreement of both parents will be necessary to publish images of their common child on social media.   Judgment of the Provincial Court of Barcelona. We provide a transcription...
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Seville University District Tunas Competition. Sponsored by IN DIEM Abogados

Seville University District Tunas Competition 2017 sponsored by IN DIEM Abogados

14 May 2017
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On May 12-13, 2017, the Tunas of the Seville University District held their annual competition, which began on Friday afternoon with a street parade that ran from La Campana to Plaza de San Francisco, along Calle Sierpes, with a round of serenades to the balcony in the rear square of the City Hall (from 7:30 PM to 10:00 PM). The Competition was organized by the Tuna of Philosophy and Letters of Seville, in full celebration of the 40th anniversary of its re-founding, and its poster was designed by Francisco Cornejo. The order of performance was as follows: Aparejadores, Biology, El Bosco, Tourism and Finance, Medicine, Agricultural, Peritos, Law, Economics, Education, and Philosophy; a performance that could be followed live via web. And the four best University Tunas were: Education, Economics, Philosophy and Letters, and Law. IN DIEM Abogados has been very excited to support and sponsor this university event, traditionally...
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Most Recent Victory by IN DIEM Lawyers

Mortgage Foreclosure. Complete Dismissal. Success Story.

16 Feb 2017
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Dismissal of Mortgage Foreclosure. The Court of First Instance No. 1 of Alcalá de Guadaira has declared the abusiveness and consequent nullity of the acceleration clause and, most importantly, the dismissal of the Mortgage Foreclosure, which entails the termination of the proceedings brought against our client. Thus, our client’s rights as a consumer and user have been upheld and, after facing the banking institution under our legal direction, has defeated BANKIA S.A., which sought to evict him from his home. Court Order: Content and Consequences. The court ORDER has declared that the acceleration clause on which the bank terminated the contract is abusive, null and void, and therefore the proceedings against our client cannot continue. And all this despite the fact that no opposition was initially filed by the client nor did he defend himself until the intervention of this team of professionals. On this basis, the Court dismisses the...
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ROTARIANS SMART MEETING In Diem Lawyers

Rotary Smart Meeting – Seville Nov 2016

03 Nov 2016
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  Rotary Smart Meeting Grow your business with the help of the world’s most important network of business leaders. Rotary Club 1,250,000 Rotarians. 35,000 Clubs. >200 Countries. Rotary Smart Meeting. Seville. November 2016. November 15, 2016. Club Antares. PRESENTATION AND INAUGURAL LECTURE 7:00 PM – Opening Ceremony. Mr. Enrique Valenzuela Godoy (President of RC Sevilla-Macarena) Presentation of the 1st Business Meeting of the Rotary Business Network 7:30 PM – Inaugural Lecture: Economy and Consciousness Mr. Emilio Carrillo Benito (Economist, University Professor, author of numerous books, former Deputy Mayor of Seville and Vice President of the Provincial Council.) November 16. Cajasol Foundation. 10:00 / 11:00. RECEPTION AND OPENING OF THE MEETING 10:00 AM – Reception and collection of credentials (Coffee) 10:45 AM – Opening of the Meeting by: Isidoro Alés Gómez (Governor of District 2203 Rotary International) Enrique Valenzuela Godoy (President of RC Sevilla-Macarena) Antonio Pulido Gutiérrez (President of the Cajasol...
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Police officer handcuffing a detainee. Urgent legal assistance for statements by persons under investigation.

STATEMENT of the SUSPECT or DETAINEE – 24-Hour Emergency Lawyer Hotline

10 Jun 2016
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24-Hour Emergency Lawyer Hotline: 610 667 452 – IN DIEM Service Area: Criminal Law. Statements of Suspects and Detainees. Emergency Lawyer. JUDICIAL STATEMENT of the SUSPECT (investigated party) or DETAINEE. CONSTITUTIONAL and Procedural RIGHTS. I.- RIGHTS recognized by the CONSTITUTION The suspect has the rights recognized in Article 24 of the Spanish Constitution, which implies: 1.- Right to a judge predetermined by law; 2.- Right to defense and legal assistance; 3.- Right to be informed of the accusation: 4.- Right to a trial without undue delays and with all guarantees 5.- Right to use relevant evidence for their defense 6.- Right not to testify against oneself, not to plead guilty, and 7.- Right to the presumption of innocence. II.- RIGHTS recognized by Article 118 of the LECrim Furthermore, in procedural law, the rights of the suspect are recognized in Article 118 of the LECrim, which includes: 1.- Right to be...
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Blue lights of a police car. Urgent legal assistance for detainees.

DETAINED? ASSERT YOUR RIGHTS – Urgent Legal Assistance: Seville, Huelva, Cádiz, Málaga and Córdoba

05 Jun 2016
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Detainees. Urgent Assistance. 24 hours. Tel 610 667 452. Area: Criminal Law. DETAINEE RIGHTS Urgent DETAINED? WE ASSERT YOUR RIGHTS. TEL 610 667 452 Urgent Lawyers. 24 hours. Emergencies. SEVILLE, MÁLAGA, MADRID, HUELVA, CÁDIZ, CÓRDOBA.   Preventive Detention. Article 520.1 LECRM Article 520.1 LECRM states the following: 1. Preventive detention may not last longer than strictly necessary to conduct investigations aimed at clarifying the facts 2. Within the time limits established in this Law, and in any case within a maximum period of seventy-two hours, the detainee must be released or brought before the judicial authority. 3. Detention and provisional imprisonment must be carried out in the manner that least harms the detainee or prisoner in their person, reputation and assets. 4. The constitutional rights to honor, privacy and image of those individuals shall be safeguarded, with respect for the fundamental right to freedom of information.   The rights of...
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Tourist Apartment Rental Lawyers In Diem

TOURIST APARTMENT RENTALS

02 Jun 2016
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Practice Area: Civil Law and Contracts. Tourist Apartments The Plenary Session of the Civil and Criminal Chamber of the High Court of Justice of Catalonia, in JUDGMENT dated May 19, 2016 (Judgment number 37/2016 (Reporting Judge Mr. Abril Campoy)), has declared the following regarding TOURIST APARTMENTS: “the use of the dwelling in question in this appeal for cassation for tourist purposes was not prohibited in the community bylaws when the activity began.” Furthermore, the plenary session of the civil and criminal chamber recalls that Catalonia legislated the activity of tourist apartments and states that “until the distinction between tourist apartments and tourist-use dwellings was re-established, tourist-use dwellings had to apply for an administrative license as a tourist apartment, as in this case.” Likewise, it adds: “it cannot be concluded that, in the abstract, the existence of tourist-use dwellings implies an activity contrary to normal coexistence in the community; rather, it...
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Success Cases In Diem Attorneys

SUCCESS CASES. IN DIEM Abogados: SUPREME COURT orders Developer to return all advance payments

05 May 2016
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Area: Civil and Contracts. Supreme Court. SUCCESS CASES: SUPREME COURT orders Developer to return all advance payments delivered for property purchase ANGEL JOSÉ DEL PINO IBÁÑEZ, Attorney at IN DIEM Abogados, obtains entirely favorable JUDGMENT before the SUPREME COURT ordering a DEVELOPER to return to a couple €30,580 delivered in advance in a property purchase transaction, as it was not possible for the couple to assume the mortgage loan arranged by the developer. The JUDGMENT declares, among other matters, the following: “having examined the content of the contract and the performance given to it by each of the parties, in no way can responsibility for its failure be attributed to the buyers, as it suffices to read it to verify that in the section ‘Agreement for assumption of the mortgage by the Buyer’ it states that ‘The Seller declares that the Credit Institution has authorized the subrogation of the Buyer….’,”...
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Corporate Compliance

Corporate Commitment and Corporate Compliance

20 Apr 2016
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Area: Corporate Compliance Author: IN DIEM Team, Criminal, Corporate and Compliance Area CORPORATE COMMITMENT INTERPRETED AND INTEGRATED BY CIRCULAR 1/2016 OF THE STATE ATTORNEY GENERAL’S OFFICE ON THE LIABILITY OF LEGAL ENTITIES CORPORATE COMMITMENT 1.- LEGISLATIVE SITUATION Organic Law 5/2010 introduced criminal liability for legal entities into our legal system, resulting both from the ongoing process of international harmonization of Criminal Law and from the felt need to provide a more effective response to the advancement of corporate crime. OL 1/15 was enacted with the purpose of clarifying and developing OL 5/10 despite the fact that no international regulatory requirement supports the need for the criminal reform that occurred. Article 31 bis of the Criminal Code establishes a regulatory mechanism for attributing liability to legal entities by transfer or vicarious liability through a numerus clausus system that makes the imposition of punishment contingent upon express provision for the commission of...
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In Diem Abogados

DATA PROTECTION. Trends

15 Mar 2016
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DATA PROTECTION. Trends. Interview with our colleague CASIMIRO GALÁN in CORREO DE ANDALUCÍA. Without a doubt, New Technologies have made DATA PROTECTION an imperative necessity, far beyond national and EU regulations, entering the sphere of interest of every individual. In any case, companies and organizations are especially more affected by current legislation. Therefore, CASIMIRO GALÁN recalls in his interview that “any natural or legal person handling personal data has the obligation to comply with the law in order to ensure that such data is protected from third parties who could misuse it. The objective is to prevent unauthorized uses.” As well as the fact that “there is an increasing need to adapt to European regulations, which have always been ahead of Spanish ones. For example, as a new development, there is already discussion about the need for large companies to have an advisor dedicated to data protection. And medium or...
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