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Spanish real estate legal update - recent case law

Squire Sanders
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Spain
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February 28 2008

The High Court rejected the appeal by the commercial entity Betacar, SA who appealed against a previous judgement given by the Provincial Court of Palma, Mallorca involving a double sale of real estate

Resolutions of the Directorate-General of Registries and Notaries public and recent case law

Squire Sanders
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Spain
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February 5 2009

This article analyses an appeal presented before the Dirección General De Registros y Noariado (“DGRN”) in relation to the failure of the Santoña Land Registry (the “Registry”) to record the cancellation of a unilateral mortgage

High Court judgment of December 14, 2007

Squire Sanders
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Spain
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May 30 2008

The High Court judgment analyses a transfer as the result of an auction taking place in proceedings for collection heard at the regional collection office of the Tax Agency and the period of validity of the right of preemption

High Court judgment of February 19, 2008

Squire Sanders
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Spain
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May 30 2008

In this judgment, the High Court analyses the possible positive administrative silence in the approval of a building works permit, the modification of the applicable land management regulations and the reduction of usage as a consequence of this modification

Transfer Tax (TPO) questioned by the European courts

Squire Sanders
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European Union, Spain
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January 29 2010

The Supreme Court, in its Sentence dated 23 September 2009, has referred a question for a preliminary sentence to the European Court of Justice (ECJ) in relation to the application of Article 108 of the Spanish Securities Market Act (LMV), a provision that determines the rate for the Transfer Tax (TPO) on transfers of stakes in companies whose assets are more than 50 comprised of real estate

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

Supreme Court, First Section (Civil). Decision 3692010 of 8 June.

Squire Sanders
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Spain
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October 26 2010

In the decision analysed below, regarding the term of the leases entered into prior to 9 May 1985, pursuant to the Spanish Urban Tenancy Act of 24 November 1998 (LAU - Ley de Arrendamientos Urbanos), and where the tenant is a body corporate that cannot accredit payment of the relevant business tax (IAE), the Supreme Court upheld the ruling of the Valladolid Provincial Court that found for the eviction due to the expiry of the term of the lease of the business premises

Provincial Court of the Balearic Islands (Section 3). Ruling Number 3002010 of 20 July.

Squire Sanders
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Spain
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October 26 2010

This article analyses the ruling of the Provincial Court that ordered the immediate eviction of business premises as by the tenant had failed to pay the waste collection rates in due time pursuant to what was envisaged in the lease agreement

Resolutions of the Directorate-General of Registries and Notaries

Squire Sanders
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Spain
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July 22 2010

In the decision analysed below, regarding the direct action taken by the sub-contractor against the lead contractor for the amount that the latter owed to the contractor, the Supreme Court upheld the appeal decision by dismissing the appeal in cassation brought by two companies which, as the members of the Joint Venture (UTE) acting as the lead contractor, had lost the previous appeal

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