Blog

3rd Self-Employment Forum

IN DIEM Abogados, with the presence of ANGEL JOSÉ DEL PINO IBÁÑEZ and JOSE LUIS CASTILLO EXPOSITIVO, is participating in the 3rd Self-Employment Forum, which will be held next Wednesday, September 17, 2014, at the Casa de la Provincia de Sevilla, Plaza del Triunfo, organized by the ORGANIZATION of PROFESSIONALS and SELF-EMPLOYED (OPA). Our colleagues’ presentation will be titled: “Keys to Business Development and Success in the Field of Self-Employment.”

MEDIAR-TE and IN DIEM Lawyers

The synergy of In Diem Lawyers and Mediar-Te offers innovation and professionalism in conflict resolution. Following a personalized analysis, we will inform and advise you on the most suitable process to resolve the differences or conflicts you present to us, whether it be mediation, judicial proceedings, or negotiation. Furthermore, the agreement signed in a Mediation process, managed by Mediar-Te’s highly qualified mediators, will be processed for judicial homologation by the best lawyers from the In Diem team. The different services complement each other to ensure the client is satisfied with the results obtained and with the trust placed in the best team. We look forward to hearing from you…

BANKING: Mortgage Clause

Area: Banking Law CASIMIRO GALÁN GARRIDO obtains a groundbreaking FAVORABLE JUDICIAL RULING against BANESTO, after having filed an extraordinary incident of opposition, achieving the nullity of early termination clauses and consequently declaring the direct dismissal of the mortgage procedure initiated against his clients. This judicial ruling has allowed our clients to restore the unjust situation implied by the citizens’ unbalanced position before the bank and, most importantly,… to recover their homes…” http://www.in-diem.com/casimiro-galan-garrido/

Family: Visitation and Transportation Costs

Author: Clara Eugenia Ortiz Aguayo Date: July, 2014 VISITATION REGIME AND TRANSPORTATION COSTS Judicial decisions regarding visitation and custody regimes for minors have given rise to differing criteria that have also affected the regime of transportation costs in compliance with communication measures between parents and children. Recently, the Supreme Court Judgment dated May 14, 2014, has established doctrine determining that parents who live in different localities must share the costs incurred to collect and return the children to the other parent’s residence. However, the High Court has qualified this statement, establishing that any agreement reached by the parents to share the obligation and costs of transporting the minor shall take priority. The Court justifies its decision, on the one hand, on the best interests of the minor, and, on the other, on the equitable distribution of burdens referred to in Articles 90(c) and 91 of the Civil Code. According to...
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Mediation and Family

Author: Mª del Castillo Falcón Caro Date: June 2014 MEDIATION AND FAMILY CONFLICTS: IT IS YOUR DECISION Establishing peace and understanding depends on ourselves. You have the capacity to make decisions about your own life; better than anyone, you know what you want and how you want it. You know your circumstances, what you feel, and your interests. You hold all the cards to play with, and mediation is the path you can take to manage family conflicts. The objective is to restore understanding and communication until the agreement you need is reached. In mediation, no one decides for you—it is your decision, your agreement.

Tax Exemptions for Posted Workers

Author: José Luis Castillo Expósito. Date: May, 2014. POSTED WORKER: TAX EXEMPTIONS A relevant aspect for workers accepting international posting is the tax exemption recognized by the Personal Income Tax Law. Specifically, Article 7.p) exempts from taxation income obtained abroad by workers resident in Spain who have been posted abroad to carry out their companies’ activities […]

URUGUAY and ANDALUSIA. Economic Development

From June 11 to 18, 2014, activities will be carried out within the Program “URUGUAY-ANDALUSIA: CREATING OPPORTUNITIES FOR LOCAL ECONOMIC DEVELOPMENT THROUGH INTERNATIONALIZATION,” which will highlight, among other activities, the possibilities for business and institutional cooperation. IN DIEM will participate in the business meeting sessions to promote the initiatives developed from the encounter.

IN DIEM and “Foro INNOVA”

Our attorney ANGEL JOSÉ DEL PINO IBÁÑEZ participates in the FORO INNOVA, through its lecture series “Internationalization and Innovation. Keys to economic development”, which aim to boost business activity by fostering innovation and the corporate expansion process. The FORO INNOVA features the participation of—among other entities—CEPES, INNOMADES, EXTENDA, and IN DIEM, which, under the coordination of various Public Administrations and the GLOCAL Foundation, is developing intensive, top-level training activities. In the upcoming lecture series, ANGEL JOSÉ DEL PINO IBÁÑEZ will participate in the Round Table proposal scheduled as “Challenges and Trials in internationalization processes from local to global”; scheduled at the La Lantana Center on April 3, 2014, starting at 4:30 PM.

STS 2013-05-09 (excerpt). Mortgage and Floor Clause.

Author: IN DIEM Documentation Service. Categories: Banking Law. Mortgage. Floor Clause. Date: March, 2014 As is publicly known, the Plenary Session of the Civil Chamber of the Supreme Court declared the nullity of mortgage floor clauses in cases where there is a lack of transparency. That is, all those in which sufficient information was not provided to clients when contracting the mortgage. In this regard, the Civil Chamber, presided over by His Excellency Juan Antonio Xiol, issued a RULING DATED MAY 9, 2013. This RULING, however, after being issued, was subject, on the one hand, to a request for clarification and, on the other, to an incident of nullity, which were resolved by ORDER of June 3, 2013, and Order of November 6, 2013, respectively. The CGPJ press release recalled that STS 2013-05-09 would be mandatory in Spanish courts. IN DIEM Lawyers is currently, through its specialized banking law area,...
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Mining and Extractive Regulation. Historical Factor.

Author: Francisco José Tejada Hernández. IN DIEM Lawyer. Categories: Mining. Historical Evolution Date: March, 2014 This article reflects on the regulatory framework of extractive and mining operations from a historical perspective, reviewing the Romanization process, regalism, and the French Revolution. The document begins by noting that, already in Roman law, the political power, in its administrative functions, could choose to reserve direct management of mining operations (as was the case with gold mining, according to Polybius) or to cede it through censorial leases to private individuals, who would only hold stable, and therefore conditional, possession of the deposits for the agreed term, in accordance with the clauses of a lex locationis, following a public auction that ensured equal competition among the mancipes or bidders. This document is a brief historical and legal gem that develops the keys to the evolution of mining law from that point to the present day,...
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