Compilation of our Most Read articles on Court Successes. Spanish Barristers in Costa Blanca.

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This week we offer our readers a compilation of some of our most read articles on court decisions obtained by our law firm. Below, we recap a series of judgments of various nature: ownership claims related to boundaries dispute, claims against homeowners’ associations, child support… Please note that you can read the full articles and rulings, by visiting our website: https://www.white-baos.com/en/articulos/

How to stop child maintenance? We analyse the legal grounds to stop the child maintenance set in a Settlement Agreement. Jurisprudence. Won judgments.

Mandatory for both spouses, the Regulatory agreement sets out the rights and obligations of both parties in the long term after a divorce. This includes the often-discussed child support. However, according to the Spanish Civil Court, the measures approved in a Settlement Agreement “may be modified when circumstances change substantially”. We were able to prove in court that the beneficiary of the alimony had already become financially independent, and therefore, the child maintenance should stop. The judge ruled in favour of our client.

Works in the homeowner’s association. Claim against the community of owners. Challenging agreements. Expert legal advice

A community of owners approved the works of refurbishment on the façade and terraces. A few months later, workmen hired by the community accessed the terrace of a neighbour, through the façade and began the works. But this neighbour interrupted the works and forced the workers them to leave. Months later, this neighbour sued the community of owners, requesting compensation but his claim was rejected, and our client (the community of owners), was discharged. In addition, the neighbour was ordered to pay our client’s legal fees.

Ownership Claim. Property Rights. Spanish Civil Code. Requirements. Property and Possession. Jurisprudence. Legal Advice.

The ownership claim is regulated in article 348 of the Spanish Civil Code. In simple terms, it is the right of individuals to go before a judge and demand the return of what they consider to be theirs and that is currently in the hands of another person. In this case, our client was sued by a neighbour. The plaintiff stated that several hundred square metres of our client’s plot were his.  The judge dismissed the lawsuit, ordered the neighbour to pay our clients legal fees and let our client continue enjoying his property undisturbed.

Cancellation of a timeshare contract. Refund of money paid. Son Antem. Marriot. Balearic Islands.

Our clients were sold a ‘Silver’ week at the Son Antem complex of Marriott, in the Balearic Islands. The contract was signed in 2002 but much of the relevant information about the complex, was not included: description of the property, amounts to be paid, rights of the buyer. As requested in our lawsuit, the judge confirmed that the contract was null and void and ordered to the vendors to return to our clients €7.522,67.

At White Baos Lawyers we have extensive experience in court claims and litigation in Spain. And therefore, in the defence of the rights of our clients before the Spanish courts. Especially in the civil jurisdiction, and in matters related to real estate law, contracts, banking law, insurance, etc. If you need our assistance, please do not hesitate to contact us.  

You may be interested in the following services and articles:

New Judicial Success. Legal claim between buyer and seller in Spain. Claim for construction problems, dampness, termites.

New Court success as multi-currency mortgage overturned. Declared null and void. Bank forced return the overpaid money.

Claim against the seller’s heirs to recognize the rights of the true owner. New Court success.

Carlos Baos (Lawyer)

White & Baos.

Tel: +34 966 426 185

E-mail: info@white-baos.com

White & Baos 2023 – All Rights Reserved.


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Written by

Carlos Baos (Lawyer)

Lawyer Carlos Baos has been advising on variety of expat-related legal issues for years and weekly column offers free weekly insights.

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