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A court, based on the new reform of the civil code, considers animals as beings endowed with sensitivity.

seres sensibles

A living being endowed with sensitivity, and its well-being must be ensured.

Based on Article 333 bis of the Civil Code, which came into effect on January 5, the judge prevented the dog from being separated from the person who had cared for it for the last four years. The decision was based on the argument that “the animal’s well-being advises against making changes to its current situation that could cause unnecessary suffering to the animal.”

Taking into account the aforementioned article: “Decisions that affect an animal must ensure its well-being in accordance with the characteristics of each species. This is because it is a living being endowed with sensitivity.”

The controversy arose when the owner of the animal left it with a friend because he was moving abroad. Two years later, he returned and requested the return of the dog from his friend, who refused. This led to various legal disputes, both in the criminal sphere, where it was rejected, and in the civil sphere, where the man was granted the right.

Subsequently, the plaintiff requested the provisional application of the judgment, and, after the opposition of the woman, the court, relying on the new article of the Civil Code, provisionally ruled in favor of the defendant.

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A court in Avilés grants the mother of a minor under eight years old decision-making capacity regarding her vaccination.

custodia

The 7th Investigative Court of Avilés granted the decision-making capacity regarding the vaccination of an 8-year-old minor to her mother with the aim of ensuring that she receives the complete vaccination schedule, as recommended by health authorities.

This decision by the magistrate is based on the fact that the mother has custody of the daughter, while the father has visitation rights on alternate weekends and half of her vacation period.

The mother advocated for vaccinating the child, while the father preferred not to do so. The entire environment around the child was vaccinated, with the mother being a healthcare professional.

In contrast, the father, after receiving the first dose, experienced tachycardia and refused to complete the vaccination schedule.

Therefore, the judge argued that the vaccination of the minor is not contrary to her best interests, “but is done to avoid developing greater severity in case of infection, as approved by health authorities and pediatricians. With this vaccine, the goal is not only to achieve a better immune response, considering that minors can indeed contract COVID, so it is not only a measure adopted for the safety of third parties but for her health.”

For all these reasons, the decision regarding whether to vaccinate the minor is granted to the mother, as she is the primary caregiver, has custody, and is further strengthened by working in the healthcare field where the risk of contracting COVID is higher than in other professions.

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A court recognizes a minor’s right to spend time with their stepsister.

hermanos

It’s important to highlight that minors have the right to interact with their stepsiblings.

Even in cases of family dissolution, if conflicts arise between the minors and their parents, the rights of the minors to spend time together have been acknowledged. This may involve excluding parents who may cause distress.

As a result of a recent ruling by the Provincial Court of Barcelona, a visitation arrangement outside the residence of one parent was established, without the presence of the stepsister’s mother. This decision was based on the psychological discomfort caused to the minor by this person.

Psychological abuse was the foundation for this ruling. In fact, the minor had stopped having a healthy relationship with his stepsister after refusing to visit his father’s home due to allegations of psychological abuse by his father’s partner.

For a ruling of this nature, it is essential that the minor clearly and unequivocally expresses the reasons for not wanting to interact with their stepsister’s mother.

The psychosocial report, which documented the minor’s statements and specific emotional state, made it evident that the child felt insecure with his father and the father’s partner. Both criticized his mother openly, negatively impacting his emotional well-being.

Another noteworthy aspect of the ruling was the lack of interest on the father’s part. Despite having an extensive and flexible visitation schedule, he did nothing to ensure it was followed. The judge considered this to be a lack of interest, despite the minor’s efforts to see his stepsister.

To guarantee the emotional stability of both minors, taking into account all the aforementioned factors, the ruling established a visitation schedule of 9 hours on two Saturdays per month outside the father’s home and without the presence of the father’s partner.

Additionally, a schedule of calls or video calls three times a week between the end of the school day and 9:00 PM was established.

Finally, the court determined that if the visits couldn’t be carried out as stipulated, they would meet at a Meeting Point until the minor reaches the age of 18 and his stepsister reaches 8. After that point, these visits can occur without the need for the father’s presence or a Meeting Point.

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If you are self-employed, you can deduct fuel expenses, even if you are not the vehicle owner.

autonomo combustible

The VAT Law allows for the possibility of deducting the input tax related to the acquisition or importation of goods and services directly connected to affected assets.

In response to a binding inquiry dated 07/10/21, regarding a question concerning the VAT on expenses for a vehicle that is used in the professional activity of the individual, even if it is not owned by them.

“The use of a vehicle that is not owned by a self-employed individual engaged in economic activity allows for the deductibility of expenses for the purchase of fuel or for repairs, as well as any repairs or maintenance to which the vehicle is subjected.” All of this is because these are expenses unrelated to the acquisition of the vehicle.

It is important to consider that the input tax incurred for refueling will be deductible as long as its consumption is directly related to the development of your professional activity. Similarly, expenses related to repairs and/or maintenance can be deducted based on the same provision, as well as toll payments.

We emphasize in this article that what matters is the direct and exclusive connection of an asset to the professional activity. This degree of utilization must be substantiated by the taxpayer through any reliable means of proof recognized in law.

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Bizum to pay taxes.

bizum

Many of you have been asking us if the BIZUM payment platform is valid for paying taxes and/or local levies.

Without delving into tax legislation, specifically the General Tax Law of December 17, 2003, known as the LGT 2003, it is clear that the legislator advocates the use of new technologies to communicate with public administrations.

As BIZUM is a payment service provider (PSP), and BIZUM operates by linking a bank account to our mobile phone, it was only a matter of time before we could use this system to make payments to public administrations.

This all began in October 2021 when the Catalan Tax Agency incorporated a new payment channel through BIZUM for paying our taxes. In addition, in our province, Alicante, SUMA Gestión Tributaria has also introduced BIZUM as a payment method.

Therefore, considering that using BIZUM is akin to making payments through transfers or with a card at a point of sale, it is only a matter of time before the rest of public administrations adapt to this technology and allow us to pay taxes and levies through BIZUM. This will greatly facilitate the payment process, saving us time, queues, and associated problems.

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¡Clause rebus and lower your rent!

rebus

Surely you have wondered why jurists continue to use Latin terms to refer to expressions and everyday situations that occur in our daily lives.

“With things being this way,” or in other words, REBUS SIC STANTIBUS is a principle of law by which it is understood that the stipulations established in contracts take into account the concurrent circumstances at the time of their conclusion. In other words, any substantial alteration of these circumstances can lead to the modification of those stipulations.

Recently, the Provincial Court of Badajoz applied the rebus clause for the first time in a lease contract. Thanks to this application, the rent is reduced during the period when non-essential businesses were required to close.

It should be noted that this clause is used to affirm that a rule will be applicable as long as the circumstances for the situation for which it was issued are maintained.

In this judgment, it is clear that the tenant of the premises, after appealing the judgment of the Commercial Court, found that for the 79 days from March 14 to May 21 of the past year 2020, the rent was reduced by half.

Based on all of the above, it is clear that the Provincial Court has set a precedent in business lease matters, as this is the first time that this clause has been applied to lower the rent of the lease.

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Claim your compensation for the vehicle cartel.

cartel de coches

If you purchased a vehicle between 2006 and 2013, you may be eligible to recover a percentage of the price you paid for your car.

What is the so-called “car cartel”?

In 2013, the CNMC (National Commission on Markets and Competition) concluded that a group of car manufacturers had formed a “cartel” with the aim of exchanging sensitive and confidential information. As a result, the National Commission on Markets and Competition imposed several fines on them in 2015, accusing them of engaging in practices to control the vehicle distribution market, which was anti-competitive.

A few days ago, the Administrative Chamber of the Supreme Court ratified these fines after learning that the National Court had rejected each and every one of the appeals filed by the manufacturers against the CNMC’s fines.

Can I make a claim?

If you purchased a vehicle between 2006 and 2013 through renting, leasing, or direct purchase, and it falls within the group of 20 affected brands, you can file a claim! In fact, any buyer, whether a company, self-employed individual, or private individual, is eligible to claim.

Which brands are affected?

Alfa Romeo, Audi, BMW, Chevrolet, Chrysler, Citroën, Dacia, Dodge, Fiat, Ford, General Motors, Honda, Hyundai, Jeep, Kia, Lancia, Land Rover, Lexus, Mercedes Benz, Mini, Mitsubishi, Nissan, Opel, Peugeot, Porsche, Renault, Saab, Seat, Skoda, Smart, Volkswagen, Toyota, Volvo.

How much can I recover?

The specific amount you can recover depends on each vehicle, but compensation estimates can range from 10% to 15% of the purchase price.

What documentation do I need for the claim?

  • Vehicle registration and technical specifications.
  • Purchase invoice or policy with a financial institution in the case of LEASING OR RENTING.
  • Expert report.
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Modelo 720: discover what it is and when you should file it.

Modelo 720: Logotipo de la Agencia Tributaria con texto 'Agencia Tributaria' y en rojo y más grande 'Modelo 720'.

Many of our clients, especially foreigners, wonder when they should file the famous Model 720.

To temporally contextualize this tax form from the Spanish Tax Agency, it’s relatively modern as it was introduced in 2013. It’s known as the “Information Return on Assets and Rights Located Abroad.”

It’s essential to be aware that this tax form carries high penalties for non-filing or late filing.

Regarding its purpose, it aims to prevent capital fraud, and the filing deadline is three months, from January 1 to March 31.

As for who is required to file Model 720, it includes “any person who is the account holder, authorized, representative, beneficiary, or has disposal power over accounts located abroad.” In addition, according to Law 58/2003, Art. 35.4, “Individual or legal entity must file Model 720 when the total amount of their assets located outside of Spain exceeds €50,000.”

The total amount of assets located outside of Spain is the sum of these three categories:

  • Bank account in a foreign bank.
  • Rights, securities, income, or insurance in foreign entities.
  • Properties located outside the Spanish territory.

It’s important to know that once you have filed Model 720, you do not need to file it again unless:

  • You close a bank account.
  • The value of your assets increases by more than €20,000.

Regarding the filing of Model 720, it can be done electronically with a digital certificate.

If you need help or advice on this matter to ensure the correct filing, please remember that we are at your complete disposal for assistance.

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How to return your gifts.

reyes magos y papa noel

If Santa Claus or the Three Wise Men have not guessed with the gifts, it is necessary to continue reading and be clear about the rights that consumers have. The first thing you need to consider is:

WHAT IS THE DEADLINE FOR RETURNING A GIFT?

This period is usually between 14 and 30 days from the date of purchase. Despite these deadlines, some stores set a longer deadline, and others allow product exchanges for a longer period.

Special attention should be paid to purchases made online, for which you need to consider both the purchase invoice usually sent by email and the return form that needs to be filled out. In addition, you should prepare the order correctly for return by courier, considering that some companies handle returns, while others are at your expense.

WHAT CAN I DO IF I RECEIVED THE GIFT IN A FAULTY OR UNUSABLE CONDITION?

It is advisable to take photos when unpacking the product to remove any doubt that the defect occurred upon receipt and that it is not your fault.

The warranty period for a product is two years, so no company can provide a shorter warranty. However, within the first six months from the date of purchase, any defect is recognized as a manufacturing defect, and the seller is obliged to accept its return without objection.

DOES RETURNING COME WITH THE COST OF THE GIFT?

In this case, there is no generic answer, as companies have more discretion in the specific conditions of the purchase.

In the case of a gift receipt, which is common during the holiday season, stores usually provide you with a credit receipt known as a “voucher” for you to redeem at the store.

If you have the purchase receipt and the original payment method, most stores will refund the money.

Keep in mind that stores must reimburse the original purchase price, not the discounted price. In other words, if you received a gift worth 50 euros and it is now 20% off, i.e., 40€, they must reimburse the 50 euros, which is the amount you paid for the product.

I DON’T HAVE THE PURCHASE RECEIPT. IS THAT A BIG PROBLEM?

If you do not have the purchase receipt due to loss or because the person who gave you the gift did not include it, don’t worry. You can ask for the receipt, and if it is not available and the payment was made by bank transfer or credit card, you can go to the bank to obtain a copy of the transaction, which serves as proof of purchase.

With this brief guide, you should have no problems solving the issues that arise with an unwanted gift. If you still have doubts or encounter any problems, feel free to contact us. We will be happy to help.

We take this opportunity to wish you:

A HAPPY AND PROSPEROUS YEAR 2022.

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Silence administrative for spanish nationality acquisition.

pasaporte bandera españa

If you’ve been waiting for a year for your nationality, is it interesting to pursue administrative litigation?

Following the entry into force of the new procedure for requesting Spanish nationality by residence on October 15, 2015, the regulation of this new procedure establishes a maximum resolution period of one year, which is not usually being met in most cases.

Article 11.3 of RD1004/2015 states: “The procedure must be resolved and notified within a maximum period of one year from the date the application was received by the General Directorate of Registries and Notaries. If the aforementioned period has passed without an express resolution, the requests made by the interested parties shall be deemed rejected.”

It’s been a year since I submitted the application and I haven’t received a response. What should I do?

In this case, you should consider two possibilities:

1. Continue waiting for the resolution of the procedure, which will eventually have to occur.

2. File an administrative litigation appeal in court before the National Court with a lawyer and attorney. From our experience, we can affirm that filing this type of appeal often results in favor of the plaintiff.

It is essential to ensure that your application does not have any issues and meets all the required criteria for approval. We offer to review the documentation for you.

In summary, to file the administrative litigation, the following requirements must be met:

  • A year must have passed since you submitted the nationality application without a response.
  • The application must have been submitted after October 15, 2015.
  • It’s crucial that the application has no issues.

With all of this, you will have a high probability of filing an administrative litigation before the National Court that has a positive resolution and grants you Spanish nationality more quickly than just waiting.