E-MAILS CAN BE USED AS EVIDENCE IN LEGAL ACTION

It is increasingly the case that legal disputes are grounded in private email correspondence between the parties.

This type of private correspondence creates serious problems in court cases since, in many instances, it just consists of printouts of digital communication which, once the case has started, can easily be contested by the party whose case it harms because it lacks an authenticated signature, verifiable date, or digital certification of the email’s contents.

On 23 July 2020, however, the Spanish Supreme Court ruled that emails can be regarded as a wholly valid and probative form of evidence, so that henceforth they may be presented as private documentary evidence in any legal proceeding as long as, in my opinion, they possess the following requisite guarantees of authenticity: Continue reading “E-MAILS CAN BE USED AS EVIDENCE IN LEGAL ACTION”

DEADLINES FOR LEGAL CLAIMS EXTENDED TO 28 DECEMBER BECAUSE OF Covid-19

While Spain was in a state of emergency (estado de alarma), businesses were allowed to extend the deadline to claim debts from 7 October 2020 to 28 December 2020. In October 2015, legislation reformed Article 1.964 of the Civil Code so that personal claims without a specific term expire after five years instead of 15, as formerly. As a result of this reform, debts without a specific limitation period and which were due by 7 October 2015 (the day after the law came into force) are subject to the 15-year limitation with a deadline of 7 October 2020.

Since the declaration of the estado de alarma, however, these deadlines have been extended by 82 days, so that creditors have until 28 December this year to claim debts and avoid suffering losses due to late payment by debtors.  Continue reading “DEADLINES FOR LEGAL CLAIMS EXTENDED TO 28 DECEMBER BECAUSE OF Covid-19”

WHAT TO DO ABOUT THE ILLEGAL OCCUPATION OF YOUR HOME IN 3 STEPS

This article looks at how to deal with situations where our own home or second home is illegally occupied by unidentified persons.

GETTING A SWIFT EVICTION ORDER

The first thing is to define this type of behavior in criminal terms

If it is our main residence, we would have to report the occupants to the police or duty court for breaking and entering. The Spanish Criminal Code, indeed, in article 245.2 says that this crime consists of “… the entry into a private individual’s dwelling by someone who does not live there, and who enters or remains in it against the will of its owner. This crime is punishable by a prison sentence of six months to two years. Continue reading “WHAT TO DO ABOUT THE ILLEGAL OCCUPATION OF YOUR HOME IN 3 STEPS”