Javier Martin Rozua

Javier Martin Rozua

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International Debt Recovery in Spain

The claim of debts at international level is often a major concern for citizens and companies that having their domiciles in a country of the European Union, have to claim a debt in another State member.

Our legal has a broad experience in recovery of international debts at non litigation stage, in Court, or via court enforcement of judgments obtained in member countries of the European Union.

Recently, we have been awarded with both successful Judgments for our clients; one in a Judicial Claim Procedure and another by the Enforcement of an European Order.

Depending on what is the situation of the debt in origin, we will go right to a judicial procedure in Spain or, if the client has already in its possession a favourable judgment, to a process of execution of the sentence.

When a creditor who wishes to request the execution, two paths can be followed:

  • Execution in accordance with Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (“Brussels I”).
  • Obtain an EEO – European Enforcement Order- in the Member State in which the judgment was issued, in accordance with Regulation (EC) No 805/2004 establishing a European Enforcement Order for uncontested claims. 

The latter is a very expedite procedure with high probability of success.

I'm very successful on international debt recovery and if you have any question please don't hesitate to contact me.

Britain´s vote to leave in the Brexit referendum last June, opting to quit the 28 nations European Union in an historic move. However, the actual consequences of this decision are not as drastic as the media, always prone to a flashy headline, have stated during the weeks after the referendum.

Firstly, there will be no imminent effects after the Brexit – only when Article 50 of the EU Treaty is activated Britain would have officially have notified the European Union of its departure. This process will start by early 2017. Then the precise discussions and an approximately two-year separation process are set into motion, resulting in the final and eventual split. This means that any tangible or actual consequences will start, at least, two years from the date of the referendum. Secondly, and as politicians in both side of the Channel have reminded abundantly, those with long term acquired rights (second nationality, residence, accumulated pensions and social benefits, etc.) cannot be deprived of same.

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Purchasing a property in Spain

The assistance of a solicitor is not required in Spain by Law, nor is mandatory, to represent and assist a buyer or seller of a property while completing the transaction. However, it is quite advisable to engage legal help. The reasons are numerous and do start in the obvious fact of a different language and also completely different legal system to those jurisdictions of Anglo-Saxon rule.

Our conveyancing package covers every aspect of transfer of ownership and has been designed with foreign clients in mind. A purchase of a property involves several and different angles: administrative (Council bills, Licenses, etc.), legal (registration, title deeds, liens and embargos, etc.), financial (taxes, mortgages), and others, hence it is quite important to have all these mentioned angles covered.

In normal circumstances a minimum of two weeks is required, but in some specific cases when issues are found it does take up to four weeks or even more if the transaction has a specific circumstance which needs to be handled or dealt with.

A buyer (or seller) can go personally or can give power of attorney to a third party, but it is one or the other. A property cannot be bought in Spain without attending personally the signing or giving power of attorney before a public notary (in the UK or Spain).

For more information don't hesitate to contact me or please write down a comment.


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