Our Services in Civil Law in Girona

Real Estate law services

Real Estate Law is one of the most significant areas of civil law, requiring in-depth knowledge of current regulations to ensure that all transactions and procedures are secure and comply with the law. Our specialized attorneys provide guidance at every stage of the process, ensuring your rights are protected. Our services include:

• Property Transactions: We ensure all real estate transactions are legal and secure by reviewing deposit agreements, purchase agreements, and notarial deeds to prevent future disputes. We operate in compliance with specific regulations on horizontal property and real rights. We ensure contracts are clear and comprehensive, avoiding abusive clauses or terms disadvantageous to any party.
• Lease Agreements: We safeguard the rights of both landlords and tenants, ensuring rental contracts are fair and comply with the Urban Lease Act. We assist in cases of eviction due to non-payment or contractual breaches, following established legal procedures to recover possession of the property.
• Construction Defect Claims: If you have purchased a property with hidden defects or structural issues, you have the right to demand repairs or compensation for damages. We protect your interests by holding builders or developers accountable under the ten-year liability for defects that impact the property’s safety.

Real Rights

Real rights grant individuals the ability to exercise direct authority over a property, whether movable or immovable. We provide comprehensive advice for the protection and defense of real rights, covering both full ownership and other limited rights. Our specialized services include:

• Ownership and Possession: We safeguard your rights as an owner or possessor by handling conflicts such as evictions, illegal occupations, and other disputes related to ownership. We ensure your rights are respected, including recovering legitimate possession of your assets.
• Usufruct and Easements: We provide guidance on the establishment and management of usufructs and easements, real rights that allow the use and enjoyment of another’s property or impose usage restrictions between properties.
• Property Recovery: If you have lost possession of an asset, we represent you in legal proceedings to recover ownership and regain control of your property. We apply the necessary legal actions to protect your rights.
• Usucapion: Usucapion is a legal mechanism to acquire property through continuous possession over a specified period. We guide you through the legal requirements and procedures to formalize this right, ensuring your interests are protected.
• Surface Rights: We assist in the establishment and management of surface rights, which allow construction or maintenance of buildings on land owned by someone else.
• Shared Property Claims: We provide expert advice on the division and distribution of shared properties, assisting in resolving disputes and managing relationships between co-owners.
• Lesion Ultra Dimidium: This legal concept in civil law addresses injustice in property sales, occurring when a property is sold for less than half its actual value. We help affected sellers pursue contract nullity, rescission, or the payment of the outstanding value.
• Possession Protection: We represent you in legal actions such as interdicts, which are designed to safeguard possession against disturbances. This includes defending your rights as a possessor against unjust expulsions or occupations.
• Evictions: We handle all types of evictions, whether due to non-payment of rent, illegal occupations, or other situations requiring the removal of occupants. We deliver swift and effective legal solutions to ensure the secure recovery of your property within legal frameworks.

Medical Negligence and Traffic Accidents

If you have been a victim of medical negligence, you are entitled to seek compensation for the physical and psychological harm suffered. We are experts in managing such cases and will support you throughout the process to ensure your rights are respected. Our services include:

• Medical Negligence Claims: We comprehensively manage your claims for medical errors that occurred in both public and private hospitals. This includes filing claims for inappropriate medical procedures, misdiagnoses, incorrect treatments, or omissions that have caused harm to the patient.
• Medical Expert Reports: We work with trusted medical experts to obtain solid expert reports that validate the negligence, its effects, and its impact on your health. These expert reports are crucial for proving that medical malpractice caused the harm and serve as key evidence in any judicial or extrajudicial proceedings.
• Compensation for Damages: We seek fair and adequate compensation for injuries suffered, including temporary or permanent disabilities, psychological damage, and other consequences stemming from medical malpractice. We ensure that compensation covers material damages (e.g., emergent damages and lost earnings), moral damages, as well as medical expenses and other associated costs.

Traffic accidents

Traffic accidents are unforeseen events that can have severe consequences for those involved, both physically and materially. These incidents may include vehicle collisions, pedestrian accidents, or road departures, often resulting in personal injuries, property damage, and complex legal disputes. Proper legal advice is essential to ensure the protection of victims’ rights.

We offer comprehensive advice and representation for traffic accidents, including:

• Compensation Claims: If you have been involved in a traffic accident, we assist in claiming fair compensation for physical injuries and material damages. We handle communications with insurance companies and, if necessary, represent you in court.
• Personal Injury: We assess physical and emotional harm caused by the accident, such as injuries, temporary or permanent disabilities, and moral damages. We represent you to secure compensation proportionate to the severity of your injuries.
• Material Damage: We manage claims related to vehicle damage or other affected property. We ensure you receive appropriate compensation for repairs or, if necessary, the replacement of damaged goods.
• Severe or Fatal Accidents: In cases of serious injuries or fatalities, we provide legal support for victims and their families. Compensation may include claims for loss of earnings, permanent disabilities, and the emotional impact on the victim’s relatives.
• Negligence and Liability: If the accident was caused by another driver’s negligence (e.g., speeding, distracted driving, or driving under the influence of alcohol or drugs), we ensure accountability by demanding legal responsibility and claiming compensation for damages. We work to identify the liable party and pursue justice on your behalf.
• Legal Defense if Responsible: If you are accused of causing the accident, we offer full legal defense to protect your rights. This includes representation in criminal or administrative proceedings and negotiations with insurers to minimize penalties or liabilities.
• Insurance Assistance: Insurers may attempt to reduce payouts or deny liability. We negotiate with insurance companies to secure the full amount you deserve and, if necessary, initiate legal action.
• Legal Proceedings: If an out-of-court settlement is not possible, we represent you in court litigation to ensure your rights are upheld and you receive proper compensation.

Traffic accidents can have complex consequences, and swift action is critical to safeguarding your rights. Our team of specialized attorneys is prepared to provide expert legal representation, from damage claims to defense in legal proceedings.

We help you claim compensation for both medical negligence and traffic accidents. If you’ve suffered injuries due to malpractice or an accident, we handle claims to ensure you receive fair compensation for physical or psychological damages. We collaborate with medical and forensic experts to deliver a strong defense of your rights.

Family law

Divorce is the legal process that terminates a marriage, dissolving the marital bond and enabling both parties to reorganize their lives independently. Divorces can be emotionally and legally challenging, as they often involve resolving critical issues such as child custody, asset division, visitation rights, child support, and spousal maintenance, among other legal aspects. We provide a complete, personalized service to guide you through every step of the divorce process, ensuring your rights are upheld and helping you achieve the best possible outcome.

Types of divorce

There are different types of divorce, each with its own characteristics:

• Mutual Agreement Divorce: This is the quickest and least contentious process, where both parties reach a prior agreement on issues such as custody, child support, and property division. In this case, the spouses can submit a regulatory agreement detailing their arrangements, avoiding a lengthy and costly trial.
• Contested Divorce: When parties cannot reach an agreement, a contested divorce is pursued, requiring judicial intervention. A judge will decide unresolved matters such as custody, support, and property division after evaluating the evidence and arguments presented by both parties.
• Express Divorce: A type of mutual agreement divorce characterized by its speed. It applies when there are no minor or dependent children, and the spouses have been married for at least three months. This process is expedited and can be resolved within a few months with minimal judicial involvement.

Divorce procedures

The divorce process involves various legal steps. Our team of specialized attorneys supports you at every stage, offering:

• Initial Consultation: We provide information about your legal options (mutual agreement or contested) based on your situation and help you decide the best course of action to suit your interests.
• Drafting the Regulatory Agreement: For mutual agreement divorces, the regulatory agreement is a key document detailing arrangements for custody, visitation rights, child support, and asset division. We ensure this agreement protects your interests and meets all legal requirements.
• Judicial Procedures: In contested divorces, we represent you at all stages of the judicial process. This includes filing the petition, preparing necessary evidence, and representing you in hearings until a resolution is reached.
• Mediation Services: To avoid lengthy court proceedings, we offer mediation services to facilitate negotiations between parties and reach an agreement that can be ratified by a judge.

Key aspects of divorce

Several fundamental issues must be addressed during a divorce, affecting the interests of both spouses and any children involved:

• Child Custody: For divorces involving minor children, custody arrangements must be determined.
  • Shared Custody: Both parents share responsibilities for raising the children equitably.
  • Sole Custody: One parent has primary custody while the other has visitation rights.
• Child Support: This payment is established to cover the basic needs of children, including food, education, healthcare, and other necessary expenses for their well-being.
• Asset Division: Dividing marital assets can be complex, particularly under economic regimes such as community property or separate property. We assist in ensuring a fair distribution of assets, including real estate, bank accounts, and other holdings.
• Spousal Maintenance: This support may be requested when one spouse faces an unfavorable economic situation after the divorce. It is a financial compensation to balance disparities, especially if one spouse stopped working or contributed less to the shared assets during the marriage.

With our family law expertise, we provide professional support tailored to your needs, ensuring that your rights and interests are fully protected throughout the divorce process.

Matrimonial economic regime

The economic regime governing a marriage has a direct impact on asset division during a divorce. The most common regimes include:

• Community Property: All assets acquired during the marriage are jointly owned and are therefore divided equally between the spouses in the event of divorce.
• Separation of Property: Under this regime, each spouse retains ownership of the assets they acquired during the marriage. However, in the event of divorce, the use or distribution of any jointly held assets must be addressed.

For more details, visit our Divorce section.

Patrimonial liability

Damages caused by public administration or private entities can be subject to patrimonial claims if they have negatively impacted your assets, rights, or interests. We specialize in managing these cases to ensure you receive adequate compensation. Our services include:

• Claims Against Public Administration: We file patrimonial claims for errors, omissions, or negligent actions by public administration that have caused material or personal damages. Our goal is to ensure your rights are upheld and that you are compensated for the harm suffered.
• Compensation for Patrimonial Damages: We handle claims for compensation for any damage caused by third parties that has affected your property. Whether it involves property damage, rights infringement, or other assets, we manage the necessary procedures to secure a fair economic remedy.
• Corporate Liability: We defend your rights if a company or organization causes damage to your assets or property, ensuring that the responsible parties fulfill their legal obligations. We leverage civil and patrimonial liability laws to provide a robust defense of your interests.

 

Banking and consumer law

We specialize in protecting consumer rights and defending against abusive practices by banks and financial institutions. Our broad range of services helps you reclaim and safeguard your rights in cases of financial abuse, including usury, revolving credit cards, and unfair clauses in loans and mortgages. With our expert team, we ensure unjust practices are corrected, and you receive appropriate compensation.

Banking law overview

Banking law regulates the relationship between financial institutions and their clients, ensuring security and transparency in operations such as loans, credits, and financial service contracts. A recurring issue in this area involves unfair clauses often found in banking contracts, especially mortgages and loans. If not identified and contested, these clauses can cause significant financial harm to consumers.

Unfair clauses are conditions imposed unilaterally by banks, exploiting their superior position in the contractual relationship. These clauses violate clients’ rights by creating a substantial imbalance between the obligations and rights of the contracting parties.

What are unfair clauses?

Unfair clauses are provisions that:

• Cause disproportionate harm to consumers.
• Were not individually negotiated with the client.
• Contradict principles of good faith and consumer protection laws.

These clauses often include excessive or unfavorable conditions for clients and are frequently declared null by courts.

 

Common types of unfair clauses in banking law

Below are some of the most prevalent unfair clauses identified in banking contracts, particularly in loans and mortgages:

1. Floor Clause (Cláusula Sòl):
   This clause sets a minimum interest rate payable, even if the official rate (Euribor) drops below that minimum. This practice has been declared null by the European Court of Justice (ECJ), requiring banks to refund overpayments since the contract’s inception.
2. Mortgage Formalization Costs:
   For years, banks transferred costs related to mortgage formalization (notary fees, registration fees, taxes) to clients. These costs have been deemed unfair clauses, and courts have ruled that banks must reimburse these amounts to consumers.
3. IRPH (Mortgage Loan Reference Index):
   Many mortgages used the IRPH to calculate loan interest. This index often proved less favorable to consumers than the Euribor, but banks failed to provide clear information about its implications, leading many clients to file claims.
4. Early Termination Clause:
   This clause allowed banks to demand full repayment of the outstanding mortgage balance in case of a single missed payment. Courts have ruled this provision as disproportionate.
5. Waiver of Rights Clauses:
   Some banks included clauses forcing clients to waive fundamental rights, such as the right to judicial recourse in cases of abuse or contractual errors.
6. Excessive Fees:
   Banks frequently included clauses enabling the application of disproportionate fees for services like late payment claims, debt collection management, or simple renewal of financial products.

 

Our Services in Banking law and consumer protection

• Identification and Challenge of Unfair Clauses: We review your contracts to detect abusive terms and initiate legal proceedings to nullify them.
• Compensation Recovery: We handle claims to ensure you are refunded for overpayments or undue charges resulting from unfair practices.
• Legal Representation: Our team represents you in negotiations with banks and, if necessary, in court to defend your rights.
• Consultation and Advice: We provide personalized advice to help you understand your legal standing and options in disputes with financial institutions.

Our expertise ensures that unjust financial practices are rectified, and your consumer rights are fully protected.

 

Usury and abusive loans

Usury occurs when a financial institution or lender charges excessive and disproportionate interest rates on a loan. According to the Usury Repression Act (Law 23/1908), a loan contract can be annulled if deemed usurious, meaning the interest rates are disproportionately high compared to the market. We handle claims to recover these abusive interest charges, seeking the annulment of the contract and restitution of illegitimately charged amounts.

 

Revolving credit cards

Revolving cards are particularly problematic financial products as they allow deferred payments in exchange for extremely high-interest rates, which can create ongoing and difficult-to-manage debt. These products often feature interest rates significantly above normal levels, qualifying as usurious under criteria set by the Supreme Court. If you have a revolving card with abusive interest rates, we assist in claiming contract annulment for usury and obtaining a refund of undue interest payments.

 

Legal protection against abusive clauses

European and Spanish laws safeguard consumers against abusive clauses imposed by banks. Key legal mechanisms to challenge such clauses include:

• Consumer Protection Act: This law states that any clause not individually negotiated and which disproportionately harms the consumer may be declared null. This entitles consumers to seek annulment of abusive clauses and reimbursement of overpaid amounts.
• European Directive 93/13/EEC: This directive emphasizes the need to protect consumers from abusive clauses in non-individually negotiated contracts. National courts are required to annul these clauses if they infringe on consumer rights.
• Jurisprudence of the Court of Justice of the European Union (CJEU): The CJEU has issued several landmark rulings on abusive clauses, including cases on floor clauses and IRPH. These decisions strengthen consumer protections and support claims against abusive banking practices.

 

Consumer defense

Consumers are entitled to effective protection against unfair commercial practices, not only in the banking sector but across other industries. We provide advice and manage claims related to:

• Defective products
• Misleading advertising
• Poorly rendered services

We base claims on the Consumer Protection Act and other applicable regulations to secure compensation for damages caused by abusive practices.

 

Civil contracts

Contracts are essential for establishing secure and long-lasting relationships in both personal and business contexts. We offer comprehensive services to ensure all your contracts are clear, fair, and legally binding. Our legal team manages every aspect, from drafting to dispute resolution, ensuring your interests are protected at all times.

• Contract Drafting: We ensure your sales agreements, leases, or service contracts are precise and complete. Each clause is designed to safeguard your rights and minimize legal risks. Our lawyers meticulously review terms to eliminate ambiguities and ensure compliance with current regulations, whether for civil, commercial, or labor contracts.
• Conflict Resolution: When disagreements arise over the interpretation or execution of a contract, we provide quick and effective solutions. We negotiate to reach favorable agreements but are also prepared to litigate in court if necessary to defend your interests. Our approach focuses on achieving the best outcomes while minimizing costs and avoiding unnecessary litigation.

Why Choose us?

Choosing us means placing your trust in a team of expert civil law attorneys who provide comprehensive legal protection and tailored solutions to meet your needs. We stand out for:

• Proven Experience: With over 15 years of experience, we specialize in civil law, handling everything from real estate matters to patrimonial claims with maximum efficiency. Our track record enables us to deliver a strategic and robust defense in every case.
• Personalized Attention: We understand that every case is unique. That’s why we offer customized solutions, tailored to the specific circumstances of each client. We conduct an in-depth analysis of your situation to design the most suitable legal strategy for you.
• Transparency and Approachability: We maintain constant communication with our clients, providing clear updates on the status of your case. Our transparent fee policy ensures there are no surprises, helping you understand the legal process and potential financial implications at all times.

 

Contact us for a consultation

Do you need legal advice on civil law matters? We are english speaker spanish lawyers. Don’t hesitate to reach out. We offer a free consultation to evaluate your case and provide the best legal solution.

We’re here to defend your rights and ensure your legal situation is resolved quickly and effectively.

Call us today and discover how we can help. Visit our contact page for more information.