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Civil Law Lawyers in Barcelona

Vosseler Lawyers, lawyers specialized in Civil Law.

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Civil law

As a set of rules that regulate the relationships between individualss, traditionally opposed public Law, which is responsible for articulating the interaction between people and state powers. It is in this sense of opposition that it can be understood as private right. On the other hand, it is considered common law, while it is maintained as supplementary right in various branches as a result of the evolution and specialization of private law, such as Commercial law or  labor. It can also be conceived as general law, as it regulates private legal relationships applicable to all individuals regardless of their nationality, religion, sexual orientation, etc.

Awards

The Servei Català de Trànsit of the Generalitat has awarded one of its 2015 Road Safety awards to lawyer Daniel Vosseler for his long professional career in this matter.

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in Civil Law

El in Civil Law It affects almost all areas of our lives, since it regulates the relationships that arise between people and the problems that may arise from them. An infinite number of areas are included within this subject: right of people, that is, the elements that determine the conditions of each individual in their legal relationship with others; he Family right, which regulates the legal consequences of family relationships arising from marriage and kinship; the law of things or goods, which regulates the real rights, which generally affect property; inheritance law; he contract law; The Civil liability; or the rules of international civil law. In Vosseler Lawyers We have the enormous privilege of having specialized professionals in all the areas of action that this very important part of the law covers.

Areas of Expertise
  • Leases
  • Evictions
  • Horizontal property
  • Domain Claims
  • Foreclosures and Repossessions
  • Contractual and extracontractual civil liability
  • Division common thing
  • Falls
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Frequently asked questions

Below you can read the most frequently asked questions about Civil Law lawyers.

What is Civil Law?

Civil law is the branch of law that is responsible for regulate relationships between people, as well as property-type relationships. The norms of civil law are found registered in the Civil Code. 

Therefore, all relationships that individuals have with others, or with the State, are regulated by the Civil Code.

I tripped when entering a store and this has brought me serious physical consequences. Can I complain to the store?

To find out if you can claim compensation for a fall suffered in a private place It is necessary to study each case individually..

Therefore, those who suffer a fall in a business or private space do well to take photographs of the place where they stumbled, or have witnesses.

If the reason for the fall was the responsibility of the premises due to poor care, poor security or lack of maintenance, it is possible to make a claim. In any case, contact us to study your case individually.

etc.

When renting a home, can you pay the rent without money?

Yes. The Civil Code indicates that the payment of rent must be of a “certain” price. But this does not mean that it has to be a monetary amount. In fact, if both parties agree, It is possible to pay the rent of a home through fruits or services, For example.

Furthermore, if the tenant makes a renovation to the home, this same renovation can replace the monetary payment of the rent. Of course, in any case, it is necessary that both parties (landlord and tenant) agree.

Who is responsible for proving payment of rent?

When there is a rental contract for a home, the responsibility of proving that payment has been made corresponds to the tenant.

To do this, the tenant has the right to request from the landlord proof or a receipt that, in fact, the payment has been made correctly.

How much time must pass since the wedding before I can get a divorce?

The law establishes that it is necessary that at least three months from the time of marriage.

However, there is an exception. If the party who wants to divorce can prove that there is a risk to the life, liberty, physical or moral integrity, or sexual freedom and indemnity, of himself or his children, the divorce can be carried out without taking into account the term. of three months.

When and under what conditions must the rent be paid?

When drafting the rental contract for the home, you can freely establish the different conditions under which the rent must be paid.

However, if no agreement has been established between the parties in the contract, payment will have to be made following the following rules:

  • Payment will be made monthly.
  • The deadline to pay the rent for the home will end on the 7th of the month.
  • The tenant may not be required to pay more than one month's rent in advance.
  • Payment will be made in cash and the place of delivery will be the rented home.
  • If payment is made in cash and not by another means, such as a bank account, the owner is obliged to provide a receipt.

If my tenant stays in the home a few days after the end of the contract, can I demand payment for those days?

From time to time it happens that the rental contract ends on a day, such as the last day of the month; and the tenant leaves the house a few days later.

In that case, unless otherwise agreed, the lessor has the right to charge the tenant the proportional part to the extra days that you will have the home.

I have a tenant who does not pay my rent, can I cut off the supplies or stop paying them?

No. According to article 620 of the Penal Code, even if the tenant does not pay the rent, the tenant cannot cut off supplies, such as water or electricity, to exercise coercion.

It is also not possible to stop paying for supplies to the companies. In the event that the tenant has stopped paying for supplies or rent, It will be the landlord who must take care of them.

After how many unpaid rents can the landlord request termination of the contract?

To terminate the contract and request the eviction of a tenant from the rental property, it is only necessary that fails once the payment of the monthly payment.

Is it essential to have a lawyer to request an eviction?

Having a lawyer to resolve a problem such as that of a tenant who has left monthly payments unpaid is always advisable. It will be highly recommended to have a law firm specialized in civil law and evictions like Vosseler.

In fact, when the tenant owes more than €2000, It is mandatory to have a lawyer and a solicitor in order to process the eviction. And, although when the amounts are smaller the figure of a lawyer is not essential, it is, as we have seen, highly recommended.

Once the eviction process has started, can I turn off the tenants' water or electricity?

No. Even if an eviction process has been initiated, it will not be effective until the judge has ordered it. For this reason, the landlord will not be able to cut off these services or stop paying for them, if they are in his name.

When filing the eviction lawsuit, what documentation is necessary?

In order to file an eviction lawsuit against a tenant, it is necessary to have a Simple copy of the Property Deed of the home in which the tenant is living. Furthermore, it will be necessary rental contract and, additionally, it will be recommended to attach the following other documents:

  • Un bank account statement in which the rent was deposited, or a certificate from the bank indicating all the payments that the tenant has made to said account of the owner.
  • All prior notifications that have been made to request payment of monthly payments that have not been paid. In this case, it does not matter what means by which these notifications were sent, but it is highly recommended that they be demonstrable in order to be able to present them (emails, burofax, etc.)

If the rented property belongs to several people, is it necessary for all of them to file the claim jointly?

No. It is enough for one of the homeowners to file the lawsuit, as well as appear at the hearings, the trial and the entire process.

My mother passed away and I don't know what properties she had. What do I have to do to process the inheritance?

As the child of someone who has died, you have the right to inherit their property. To process this inheritance, it is necessary to know if your mother had a will. Also, if you don't know what properties she had, It will be necessary to carry out an asset investigation.

To carry out all these procedures, you can count on our law firm. We can manage it for you, and help you follow each of the steps.

I inherited a property that is not registered in the Property Registry, how can I register it?

If you inherited a property and it is not registered, whether you are going to keep it or sell it, it is necessary to register the property in the Property Registry.

The procedures that can be followed to do this differ depending on whether the property had a prior deed or not.

The procedure to follow will be different in each case. For this reason, if you find yourself in this situation, our recommendation is that you go to a good specialized law firm.

Why should I have the help of a lawyer specialized in civil law?

A lawyer specializing in civil law It can help you in a large number of situations that can occur in your life.

The fact that it is the branch of law that regulates relationships between people makes it one of the broadest.

Therefore, it is important to always have a “go-to” civil law lawyer to resolve everyday situations.

Furthermore, whenever a contract is needed to regulate any type of relationship between peers, it is advisable to have the help of a lawyer. In this way, it is possible guarantee the legitimacy of each of the clauses included in the contract.

At Vosseler Abogados we are jurists specialized in Civil Law and we have a team of professionals who will be happy to help you if you need legal help of any kind.

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