Search results for "Ave"
showing 10 items of 10362 documents
Análisis jurisprudencial de la legitimación pasiva de las entidades financieras en las reclamaciones realizadas por consumidores derivadas de una com…
2021
Consumers, who acquired real estate through a deed of sale with a mortgage subrogation, have made numerous claims against the financial entities. They request the nullity of the clause that imposes upon them all the expenses cause by the notarial deed. Financial entities have alleged that they do not have the capacity to be sued. Courts decisions have been diverse.
Consideraciones sobre la cláusula irph a la luz de sus antecedentes y de la doctrina consolidada del tribunal de justicia de la union europea
2021
By issuing its judgment of March 3, 2020, the Court of Justice of the European Union (CJEU) has terminated the last episode in the evolution of the IRPH index to which almost a tenth of mortgages have been referring. in Spain, compared to the rest that the Euribor takes as a reference, declaring in essence that consumers will be able to go to court to declare the abusiveness of the clause that the aforementioned index contains in the deeds of constitution of the mortgage. To understand the scope of the current situation, it is convenient to consider even briefly what the IRPH consists of and the consequences that its application has entailed for the affected consumer borrowers, taking into …
La preferencia de la vía civil a la penal para recobrar la posesión en las ocupaciones pacíficas de inmuebles.
2021
En el presente artículo se analizar los motivos por los que en las ocupaciones pacíficas de inmuebles sin consentimiento el recurso a la vía civil es más eficaz que la penal para la recuperación de la posesión. Dos son las causas por los que estimamos preferible la vía civil: la negativa de un sector de la judicatura para aplicar el delito de usurpación de inmuebles del art. 245.2 CP en los casos que no son graves y la no aplicación de la medida cautelar de devolución anticipada de los inmuebles ocupados a sus dueños. La vía civil es la más efectiva para la recuperación de la vivienda ocupada desde que se modificó el interdicto de recobrar la posesión mediante la Ley 5/2018.
Property and cross-border couples from the perspective of European regulation
2021
The family property regimes constitute a relevant sector of the EU regulatory framework strongly connected with fundamental rights policies. Family property offers specific issues which need to balance individual rights with general interests, especially in matter of real estate property. The fragmentation of the discipline in EU Family law, the diversity of the domestic rules regarding rights in rem requires a large use of flexibility from EU legislator and EU legal professionals. The discipline provides by EU Regulations 1103 and 1104/2016 could be an interesting example to manage cross-border couple?s interests: the principles of universality and unity have to be used appropriately and, …
Futuro profesional de los menores y ejercicio de la patria potestad
2021
The personal decision about the professional future of the minor, constitutes an aspect of the development of his free personality, and, like every decision that affects him, it must be adopted considering the principle of the best interests of the child. The parents, in the exercise of parental authority, have the legal representation of their minor children, except for the acts related to the personality rights, which can be carried out by the minor child himself if he is mature enough. When personality rights and economic rights converge, it is necessary to determine the role the parents play, which in the end will always have to be the protection and respect for their children?s rights.
El complicado equilibrio entre la programación de la enseñanza y el derecho de los padres a escoger la formación moral y religiosa de sus hijos : asp…
2021
The objective of this work is focused on analyzing the influence that Organic Law 3/2020, of December 29, may have on the exercise of parental authority and on the right that the Constitution recognizes to parents in its article 27.3.
Getting married or entering into a partnership : the patrimonial issues of choice in french law
2021
In French law, there are only two models of couples between which a choice is really possible to organize their patrimonial relationships: partnership or marriage. But, if the couple intends to organize a transfer of assets between companions both during the union and in case of death, it is definitely marriage that offers more possibilities than partnership. Often, young French couples, who do not wish to marry, either not at the begining of their relationship or not at all, have the idea that, if marriage organizes a legal protection of the couple, the partners have the possibility to provide conventionally equivalent protection. In fact, this idea is wrong.
El consentimiento en el proceso penal : ¿un oxímoron?
2021
We are involved in a moment of deep changes in Criminal Procedure due, among other reasons, to the permanent expansion of Criminal Law. Legislative modifications have taken place one another over the world and they have led to a functional reformulation of the role played by the protagonists of Criminal Procedure. These changes have not finished yet and the future is still to come, but new elements are already emerging: the consent of the actors of the process and of the victims and the reinforcement of the principle of opportunity are undoubtedly some of them. Probation, diversion, compliance, criminal mediation are institutions that stand on the principle of consent for procedural purpose…
Protection of the surviving spouse in French law
2021
While French inheritance law has recently sought to give everyone more freedom to anticipate the transmission of their estate, it still guarantees to the children a reserved portion in his estate. This guarantees the deceased?s children a minimum share in his/her estate. However, the mechanisms protecting this reserve are subject to legal adjustments when spouses wish to organize the protection of the couple?s survivor, either by submitting to a conventional matrimonial regime or by giving themselves gifts that improve the legal succession of the spouse. This ensures a balance between the protection of the spouse and that of the compulsory heirs. Not seeming to be satisfied, several famous …
Liquidación de la sociedad de gananciales: el caso de la adjudicación forzosa de participaciones sociales de carácter ganancial a un solo cónyuge. Co…
2021
In a liquidation of community property, the rules for the partition of the inheritance are of suppletive application. Therefore, the sentence opts for a criterion of flexible interpretation of those rules, whose application will be subject to the objective entity of the property in question. Accordingly, when the only property to be shared between the spouses is constituted by set of shares of common nature, taking into account the special circumstances of the case, such shares could be awarded to one of the spouses with the obligation to compensate the other in money, even if it requests the sale of the shares in the public auction. To this end, the request would have to impede the possibi…