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The right to raise the leasefee in cases of sublease

Squire Sanders
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Spain
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April 12 2013

The Resolution object to analysis, is the decision dated July 20th 2012, by the High Court -first section, civil division- takes as a starting point

Jurisprudence and resolutions of the D.G.R.N.

Squire Sanders
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Spain
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October 1 2012

The Supreme Court declares that the right of the lessor to raise the rent of a business premise following the merger of the lessee is appropriate as of the registration in the Mercantile Registry of the merger and not as of the notice from the lessor to the lessee of such increase in rent

Right of first refusal in urban property lease

Squire Sanders
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Spain
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June 25 2012

The right of first refusal in urban leases raises several problems, having been considered recently by the High Court by means of two different Judgments

The promotional brochure as a binding contractual offer

Squire Sanders
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Spain
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May 8 2012

The High Court has ruled on the value to be given to the promotional brochures when buying an off-plan real estate property

Recent case law

Squire Sanders
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Spain
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March 29 2012

The basement of a condominium, unless assigned exclusive status in the deed of horizontal property ownership, when there is no valid cause to justify its assignment to a co-owner, shall be considered to be a common element

Resolutions of the General Directorate for Official Registers and Notaries and recent case-law

Squire Sanders Hammonds
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Spain
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November 30 2011

With the Ruling given on 16th September the Provincial High Court upheld that the surrender of the mortgaged property pays off the mortgage debt assumed by the borrower with the lender

Moderation of penalty clause

Squire Sanders Hammonds
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Spain
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November 30 2011

The moderation of penalty clauses, as it is stated in Section 1154 of the Spanish Civil Code, is applied by the Regional Court of Cordoba within the field of the real state crisis and as result of it

Supreme Court, First Section (Civil), decision 5352010, of 30 July 2010

Squire Sanders
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Spain
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January 31 2011

In the present article we analyze the possible unapproved assignment of the position of the lessee of a business premises on behalf of another lessee, who is subrogated in the foregoing, failing to comply in this way with what is established in Article 114.5 of the Urban Lease Act of 1964 (at present, Article 27.2.c of the current Urban Lease Act

Supreme Court, First Section (Civil), decision 10902007, of 7 July 2010

Squire Sanders
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Spain
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January 31 2011

The Sentence that we will analyze below refers to the right of first refusal requested by the lessee of a property, based on the justification of applying the price corresponding to the "real value" paid at the time by the buyer, or, to the contrary, it should apply the corresponding "market value" of the aforecited property

Ruling of the General Directorate of Registries and Notaries Public (Land), of 17 june 2010

Squire Sanders
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Spain
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October 26 2010

This Ruling deals with the refusal to enter a Rural Property Deed of Sale in the Land Registry where the property was formed by the segregation of another property, which in turn was the result of the division of another larger property, pending entry in the registry at the time of requesting the registration of the deed envisaged in the ruling