A new Spanish Law enacted on 7th October 2015 reduced the general term established to file lawsuits from 15 to 5 years. Below is a list of legal actions, credits and contracts affected by this new expiry date.

7th October 2020 ———————

(1) Claims dated prior to 7th October 2000 expired on 7th October 2015.

(2) For legal relationships dated between 7th October 2000 and 7th October, the previos 15 years applies.

(3) Credit and contracts dated between 7th October 2005 and 7th October 2015, will be definitively expired next 7th October 2020.

(4) The new 5 years term will definitively applies to all debts, contracts and legal actions dated after 7th October 2015.

What claims might be affected by this new law?

  • Any kind of breach of contract
  • Disputes arising from the completion of a purchase/sale contract
  • Recovery of deposits on non built properties
  • Defective contract compliance
  • Claims against the community of owners
  • Non-payment of community fees claims
  • Rent review and update disagreements.
  • Many others

What can you do to protect your legal rights?

  1. Get started an out of court claim by sending a letter
  2. Try to reach an out of court settlement
  3. Reaching an agreement with the debtor by signing acknowledgment of debt
  4. You may consider taking legal action before the expiry date

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Author: J. Escobedo

I am a member of the Tenerife Law Society since 1989 with a dedicated team for anyone who needs an immediate answer or long term solution to any practical or legal issues appertaining to any property or business investment in Spain. If you have decided to move to Spain to start a new life, whether that´s buying a property or a business, then you will definitely need the services of a good Spanish Lawyer who is fully conversant with Spanish protocol and who has a good command of the English language. I am based in the south of Tenerife and I am specialist in Property Law, Inheritance issues and taxes as well as Tenerife and Canarian law and a great deal more. ABOUT MY STAFF All my friendly and professional staff are fluent in English. We have been working for foreign clientes for over 30 years in Tenerife, providing legal advice and litigation services to all our clients investing throughout the whole of Spain and we pride ourselves on providing a high quality service to our clients in the form of clearer communication and advice.

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