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New law passed on the regularization of isolated buildings in non developable land

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Conclussions from the Advocate General of the EU Court of Justice on the Spanish “floor clauses”

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The new planning situation of Marbella after the nullity of the PGOU

On the 27th of October 2015 the Supreme Court of Spain declared the nullity of the Town Planning of Marbella which was in force since May 2010. In three different Judgments made public on the 5th of November, the Supreme Court accepts the arguments raised by three claimants against the Judgements issued by the Superior Court of Justice of Andalucía who had confirmed the legality of the 2010 Marbella Town Planning as it happened in other cases.

Unfortunately, the nullity of the PGOU has thrown cold water onto the growing real estate market in Marbella bringing legal uncertainty for a while. (more…)

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(Español) Las consecuencias de la nulidad del PGOU de Marbella por el Tribunal Supremo

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Regulation of tourist rental housing

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Inheriting a pharmacy. Advice on how to avoid taxes.

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Basic ideas on the Decree of Tourist Dwellings of Andalucía

The Junta de Andalucía has passed the Decree 28/2016, of February the 2nd, on properties to be used as tourist accommodation, which will be in force in three months’ time.

This is a summary of the main features:

 Scope of the law

Dwellings in residential areas to be used as tourist accommodation provided it is done on regular basis for tourists. The Law presumes it happens when the rental is marketed through the usual channels for tourism promotion: tourist agencies, tour operators, websites…

Properties rented for more than 2 months to the same person fall out of the scope of the Law

The following cases are expressly declared out of the scope of the Law: (more…)

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II University Expert Course on Spanish Law taught in English

The Malaga Bar Association in collaboration with the International University of Andalucía will celebrate the II University Expert Course on Spanish Law taught in English of which I am the codirector. Here is the basic information:

When?: 28th January to 26th July 2016.
When is the last date for signing up ?: 18 January 2015.
How much does it cost? : 1.240 € (payable 640 + 600€)
How can I attend the course?: all sesions can be followed in-person or online from 15:00 to 18:30 hours. They will be recorded and available at the website of the UNIA University.
Where can I get more info? http://www.unia.es/oferta-academica/ensenanzas-propias-posgrado/expertos-propios/item/ii-experto-en-derecho-espanol-impartido-en-ingles
What is the purpose of this course? Achieving a real linguistic immersion in the legal terminology using a modern and effective case study method. Each session will deal with a case law precedent that will be studied in great depth. It will allow students to review, update and go in depth into the Spanish Law as well as to get an overall view of the different areas of law from a practical point of view.
Is everything in English?. Yes. The first sessions will focus on the legal English terminology. The rest ones will concentrate on the different areas of Private and Public Spanish Law.
Where? At the UNIA delegation in Málaga (Edificio Mena, Plaza de la Legión española nº1).
What do the student from last year say about this course? Here you can find their opinions:
http://www.surinenglish.com/20150626/news/costasol-malaga/malaga-first-university-spain-201506261244.html 

Adolfo Martos

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Buying land in Spain

Buying land in Spain

Ownership rights have continued to face constraints since times of the Roman era in coherence with the need of controlling the environmentally friendly use of land. The Spanish basic legal framework of the land ownership rights is the Land Law nº 7/2015, of 30th November, which regulates the rights and duties derived from the land use and is compulsory to all territories in Spain. The 17 Spanish regional governments have further developed such legal framework. The applicable law in Andalucía is the Planning Law nº 7/2002, of 17th December.

This article will describe the basic points to have in mind when buying land inSpain. (more…)

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Latest amendment to the Fresh Start Act (art. 178 bis Bankruptcy Act)

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