This was the conclusion reached by the Supreme Court in its Judgment of June 20, rejecting a final appeal in cassation No. 998/2018. As background to this Judgment, we can say that the defendant had been convicted by the Provincial Madrid Court, in its Judgment of March 7, 2018, for ongoing fraud, and had to… Continue reading The Bitcoin, for the purposes of civil liability derived from crime, is not legal tender
Author: Ascensión Martín
Brief reflection on the challenge to a judgement and the opposition to an appeal proceedings
Article 461 of the Civil Procedure Law allows a judgement to be appealed by the party that initially would not have done so, but takes advantage of the fact that the other party does so. In this case a separate appeal is filed without limits as to its scope and effects. The reason for this… Continue reading Brief reflection on the challenge to a judgement and the opposition to an appeal proceedings
Constitutional protection: Absence of judicial control of unfair clauses that ignore the primacy of European Union law
The Judgment of the Plenary Session of the Constitutional Court (hereinafter TC) No. 31/2019, of February 28, dictates doctrine on the scope of the right of the respondent in enforcement proceedings to demand judicial control ex officio of unfair clauses in consumer contracts, based on an interpretation of the jurisprudence of the Court of Justice… Continue reading Constitutional protection: Absence of judicial control of unfair clauses that ignore the primacy of European Union law
Royal Decree Law on urgent measures regarding housing matters and rents
On April 3, the Congress of Deputies validated a new Royal Decree-Law 7/2019, of March 1, on urgent measures regarding housing and rent, which had been published in the BOE on March 5 (hereinafter the “Decree-Law”). This validation fully integrates this Decree-Law in the Spanish legal system, thus revoking its provisional nature. This law will… Continue reading Royal Decree Law on urgent measures regarding housing matters and rents
Money laundering crime. Requirements. Crime against the Public Treasury as antecedent to the crime of money laundering
The crime of money laundering is defined in article 301 of the Criminal Code and requires proof of: 1) the existence of a prior crime as the origin of the laundered assets; 2) that this crime is capable of generating economic profits; 3) the connection between said crime and the accredited profits, so that it… Continue reading Money laundering crime. Requirements. Crime against the Public Treasury as antecedent to the crime of money laundering
Lease of business premises prior to the entry into force of the L.A.U. of 1994. Eviction on expiry date?
Business lease agreements signed before the entry into force of the Urban Leasing Act (L.A.U.) of 1994, have become less frequent but have not been extinguished over the course of time. This is the case for lease agreements which have been signed by a natural person as a lessee (tenant) prior to May 9, 1985,… Continue reading Lease of business premises prior to the entry into force of the L.A.U. of 1994. Eviction on expiry date?