Noticias

Domain file or demon file?

The domain file is a notarial procedure whose objective is to accredit the acquisition of the domain of a property to enable a valid and effective title to serve as a basis for registration when it is not registered in the Land Registry.

It is not a trivial issue that arises when the transfer of real estate, either by purchase or donation, or by inheritance, is carried out without the property being registered in the Land Registry. The Property Registry is a State institution, whose purpose is to provide faith and protection for legal acts, which affect property or real rights over real estate, whether publicly or privately owned. In other words, it publicizes the legal status of a property in terms of ownership, transfers and encumbrances on it (such as mortgages); and safeguards the rights that have entered the registry. It is therefore the basis for legal certainty as regards immovable property.

When a property is acquired, which is not registered in the Land Registry, it can be immatriculated with the so-called “domain file”. This is a notarial procedure that serves to obtain a legal basis to validate and reaffirm your rights over the property and guarantee your access to the Property Registry, either by immatriculating the property in the Registry; or by resuming the registration process; or, finally, by transferring the excess capacity. The Mortgage Law covers all these cases, as well as the processing of the domain file, which is currently regulated by art. 203 LH.

Who manages these domain files?

After the reform of the Mortgage Law and the Cadastre carried out in 2015, the procedures are reunified in a single process, processed through a notary. In theory, this is a faster and cheaper process, but this does not exclude the fact that it is a tortuous process with many requirements and problems in its development, almost always leading to its resolution in a declaratory trial. Our real estate lawyers can help you in this process or with any questions you may have about it.

Although they share the figure of the domain file for its processing, the three figures are very different and attend to diverse situations; the immatriculation of the property in the Registry occurs when of this property there is no type of inscription, that is to say, the immatriculation takes place when it is the first time that the property in question is annotated in the Registry. To immatriculate a property, it can be done through the domain file, and there is also the possibility of doing so through the presentation of a public title transferring the domain, or through a court ruling.

The resumption of the tract (art. 208 LH); the properties registered in Spain have a sheet of paper where their “history” is told, that is to say, where it is seen in a chronological way who has been its owner in a constant and uninterrupted way, which is called successive tract. When one or more owners have not registered their right, the chain is broken, and the successive tract is interrupted. If it cannot be resumed by providing the omitted intermediate titles, the domain name file must proceed.

Excess or defect of capacity (art. 201 LH): if the property has a real capacity higher or lower than 10% compared to what is registered in the Registry, it will be necessary to proceed in the same way to solve it by means of a domain file, sending the article 201 LH to 203 LH, stipulating particularities for its processing.

Contact a professional

The management of all of them requires a very complete study of the case and the collection of documentation, being the optimum the hiring of a lawyer who is a specialist in this important matter. In our law firm in Gijón we will be happy to help you.

Dividend policy and the possibilities of minority shareholders

By the partnership agreement, two or more persons undertake to put goods, industry or any of these things in common, in order to make a profit. This obtaining of a distributable profit, or if profit is desired, is a natural element of such a contract. In the case of capital companies (Public Limited Company and Limited Company, essentially), the Capital Companies Law regulates this element in key precepts: Article 93 a) and 273.1.

The former establishes the right of the “shareholder to participate in the distribution of corporate earnings”; the latter establishes the competence of the meeting to decide in each financial year on “the application of profits”. It follows from these that the rule in company law is that the right to a dividend only arises when it is specified with the agreement of the general meeting to approve the general accounts and the distribution of profits. At this point, it is easy to see that the legal premises are part of the recurring corporate conflict: that relating to the distribution of corporate profits.

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How to be in separation of property?

Separation of assets Gijón.

In most cases where the question is asked, what is your marital property regime? The majority answer is; -I don’t know, we haven’t signed anything. Well, this question is not trivial, because in the area of ordinary law, to which Asturias belongs, spouses who do not sign marriage contracts will be under the economic regime of the community of property owners during their marriage. Our law firm in Gijón explains to you what the implications are and how they can be modified.

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How do I collect a debt?

The fulfilment of obligations is essential for the normal development of the economy. Let us think of sensitive cases, such as business relations, in which the survival of a company is at stake; labour relations in which the livelihood of a family economy is at risk; compensation for damages, which must compensate the victim of a damage, for example, that caused in an accident, etc. In short, we can say that not receiving payment of the consideration can be a matter of at least serious and detrimental. As we have seen, obligations can be of many kinds, although those of a pecuniary nature (money in exchange for goods or services) are the most common.

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Metrology: a citizen’s guarantee against traffic fines

Traffic Lawyers Gijon

To monitor traffic and road safety, administrations use measuring instruments such as radars or alcohol meters. However, these machines can fail. For this reason they are subjected to reliability checks. This means testing them to assess whether their measurements are within an acceptable margin of error. This is not a trivial issue. In fact, such checks are a guarantee, and this is provided for in section 83.2 LSV:

“Instruments, apparatus or means and systems of measurement that are used for the formulation of complaints about infringements of traffic, road safety and motor vehicle regulations shall be subject to metrological control in the terms established by the metrology regulations”.

What are the consequences of the above?

Quite a few in the area of traffic fines.

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How to apply for disability?

Permanent work disabilities in Gijón

The objective of permanent disability procedures, traditionally called disability applications, is known to all; to obtain the commonly cited pension (the cash benefit). However, without prejudice to the above, the first thing that is important for it to prosper is, in general, to comply with certain requirements regarding the time of contribution and to be in a situation of registration or similar to registration with the Social Security (this can be seen in our working life).

Our team of labour lawyers in Gijón are specialized in these processes and will help you to check that you comply with the requirements and start the application process.

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Layoffs of workers in cases of crisis

In cases of business crisis that result in a declaration of insolvency, accompanied by the dismissal of employees, it is quite common for the latter not to receive the amounts due on the occasion of the corresponding compensation.

In this type of situation, the workers must know that in order to collect their compensation, they must participate in the insolvency proceedings, in order to communicate their credit to the administration and be able to turn to FOGASA in order to receive part of the amounts determined by law through that body. Without prejudice to being able to claim the rest of the amount from whomever it may correspond, depending on the result of the Competition for Creditors held.

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In relation to divorce or separation

The termination of the marriage entails personal and property consequences; child custody, visitation, use of the family home and the liquidation of the community of property are key aspects to be dealt with after a divorce.

Whether or not the marriage has ended, the same rules apply to the establishment of measures concerning minor children. It is important to emphasize that custody, visits and maintenance can be modified by proving changes in the circumstances that established them at the time, and the law has a precise channel for this.

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Luis Perez & Associates. Lawyers.
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C/ Jimena Fernández de la Vega 140 | Gijón. Asturias - CP: 33203
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