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Civil law

La copropiedad como tipo específico de la comunidad de bienes

Co-ownership as a specific type of community property

Co-ownership as a specific type of community property Co-ownership as a specific type of community of property: Legal regime, powers of use, co-ownership administration system, support of common expenses and power of dissolution at the request of any community member. Co-ownership between several persons with respect to the same property (property real right) constitutes a […]

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La copropiedad como tipo específico de la comunidad de bienes

Co-ownership as a specific type of community property

Co-ownership as a specific type of community property Co-ownership as a specific type of community of property: Legal regime, powers of use, co-ownership administration system, support of common expenses and power of dissolution at the request of any community member. Co-ownership between several persons with respect to the same property (property real right) constitutes a

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Obligación de instalar contadores individuales que permitan medir el consumo de calefacción y refrigeración

Obligation to install individual meters that allow measuring the consumption of heating and cooling

Obligation to install individual meters that allow measuring the consumption of heating and cooling On August 6, 2020, the BOE published the Royal Decree 736/2020, of August 4, which regulates the accounting of individual consumption in thermal installations of buildings (hereinafter, RD 736/2020), with entry into force the day after its publication, and through which

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¿Qué se puede negociar en un contrato de alquiler?

What can be negotiated in a rental agreement?

¿What can be negotiated in a rental agreement? The regulation of urban leases is of paramount importance for the lives of many Spaniards. Although we lack an established rental culture like other European countries, partly explained by our traditional attachment to housing as a primary investment asset, the option of renting residence has been gaining

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Pueden recurrirse las resoluciones de recursos de casación del Tribunal Supremo

Can the resolutions of cassation appeals of the Supreme Court be appealed?

Can the resolutions of cassation appeals of the Supreme Court be appealed? The appeal Faced with the dismissal of an appeal before the Supreme Court, the plaintiff who has seen his claim neglected has the possibility, still, of submitting the resolution to the control of the Constitutional Court through the substantiation of the amparo appeal.

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El arbitraje como método alternativo de resolución de disputas

Arbitration as an alternative dispute resolution method

Arbitration as an alternative dispute resolution method Conflicts between natural or legal persons can be resolved through a negotiated solution between the parties (autocompositive method), such as mediation, in which The mediator is responsible for promoting proper communication between the parties so that they reach an agreement. In addition, this agreement may acquire the same

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Entendiendo las diferencias entre “liquidated damages” y daños y perjuicios

Understanding the differences between “liquidated damages” and damages

Understanding the differences between “liquidated damages” and damages The “liquidated damages” clauses and the “penalty clause” as a “penalty clause”. Comparison between Spanish law and English law. In English law, the purpose of liquidated damages” is to increase security and avoid the legal costs of determining actual damages later if the contract is breached. Therefore,

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Reclamaciones por conductas anticompetitivas en el marco de la Unión Europea

Claims for anti-competitive conduct within the framework of the European Union

Claims for anti-competitive conduct within the framework of the European Union Introduction As we have already commented in various publications, commercial practices between EU countries that may prevent, restrict or distort competition will be incompatible with the internal market (Article 101 of the Treaty on the Functioning of the European Union, hereinafter “TFEU”). In this

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Consecuencias de la falta de notificación de la rebeldía procesal al demandado

Consequences of the failure to notify the defendant of the procedural default

Consequences of the failure to notify the defendant of the procedural default In this article we will discuss the possible consequences of the failure or refusal to notify the defendant of the declaration of default. Each Court adopts a position that on occasions can result in the subsequent annulment of the proceedings carried out after

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