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Civil and Family

Civil Law, both common and special regional law, constitutes the part of the legal system in which its integrating principles are collected.

They regulate the general effectiveness of legal rules, containing rules of Private International Law as well as those regulating the scope of application of the civil legal regimes existing in the Spanish territory. They are of constant application in current legal advice given the plurality of the matters that comprise it.

These matters, together with the various rules governing consumption, domestic trade, tourism, protection of animals and other matters of a private legal nature make up what is traditionally know as civil law.

Groups and specialities in Civil Law:
Law concerning natural persons and the family

Natural person; institution for protection of the person, the family and other cohabitational relationships. They include such important issues as the effects of marriage, matrimonial economic regime, marriage annulment, divorce and marital separation, filiation, adoption, authority of the father or mother, guardianship and other guardianship institutions, maintenance between relatives, mediation and family support; stable homosexual and heterosexual partnerships; cohabitation situations of mutual aid; care homes for the elderly ; and care and protection of childhood and adolescents.

Law of obligations and contracts

Which integrate both the general theory of legal business, as well as the existing civil private contractual diversity (sale, exchange and transfer; donation; urban, rustic and share farming leases: contracts of gratuitous loan for use, precarious loan and loan for consumption; contracts of mandate and brokerage; contracts of company, transport and publishing; partnership contracts; deposit, accommodation and exhibition contracts; insurance and random; guarantee (pledge, mortgage, antichresis, bond) contracts; contracts of decision by luck, transaction and commitment; abstract and quasi-contractual contracts, as well as obligations derived from the unlawful act).

Property Law and rights in rem

That includes the ownership of real estate and personal property, possession, its forms of acquisition and extinction, condominium situations, especially the so-called horizontal property,  the acquisition, transmission and extinction of rights in rem (of usufruct, use, habitation, partial use of surface rights, censuses, easements, and air rights).

Law concerning the legal person

Associations, foundations, cooperatives and mutual insurance companies.

Inheritance law

Which includes the following subjects:

Hereditary succession, both testate and intestate,  and  within  the  former,  the  inheritances, wills, codicils and testamentary reports, their validity and efficacy, nullity and revocation; the designation of heirs; fiduciary provisions; hereditary substitutions; trusts; substitution as beneficiaries of the contingent remainder ; bequests; the executors; the legitimate one; the surviving spouse’s portion and  the reserve; and donations for causes of death.

Movable and immovable registry Law

This includes both mortgage legislation on property rights,  rights in rem on real estate, such as chattel mortgages and pledges without transfer of possession, as well as that regulating the chattel mortgage of films, the naval mortgage and that regulating the market mortgage, as well as the subrogation, modification and transparency of financial conditions of mortgage loans.

Lawyers of the Area

Enrique Alcántara-García

Tomás
Giménez Duart

Marcos
Mas

Javier
Amorós

Christian
Albors

Javier Alcántara-García
Ferreiro

Catherine Marti
de Anzizu

Rosa
Canut Montané

Contact

If you have any questions or need more information, please do not hesitate to contact us.

Areas of expertise

Contact

If you have any questions or need more information, please do not hesitate to contact us.

 

 

 

Our offices

Córcega 270, ático
(esquina Balmes)
08008 Barcelona

27, Rue du Pont Neuf
75001, Paris

 

Contact

Tel. +34 934 671 670
Fax: +34 934 871 853
E-mail: info@bagb.es

 

 

Members of the French notary network Groupe Monassier composed of more than 180 notaries and 750 collaborators.