New animal welfare law in Spain

Welex, a professional team of lawyers and accountants in La Costa del Sol, is pleased to explain in a few lines the new Animal Welfare Law in Spain and its sanctions.

On the 9th of February the new Animal Welfare Law was approved in Spain. This new law establishes a series of measures to guarantee the protection of animals and sanctions for those who violate them.

Below, you will find the most important measures of this new animal welfare law in Spain.

1. Compulsory course.

One of the main measures is the compulsory course that all dog owners will have to take in Spain.

It will be an online course, which must be taken by anyone who wishes to adopt a dog, and those who already own a dog will have a period of two years to take the course.

During the course, dog owners will have to answer a series of test questions to assess whether or not they know the minimum requirements for dog ownership in Spain.

It has not yet been established what will happen if the dog’s guardian does not pass this course.

At the same time, and since the category of “potentially dangerous dogs” has been eliminated, our little friends will have to pass a “sociability test”, where they will be examined individually.

In principle, dogs weighing more than 10 kilos will have to take the test.

In the event that the dogs do not pass the obedience and behaviour test, they will have to go out on the street with a muzzle and on a short leash, until they pass the tests after passing through the hands of a trainer.

2. Civil liability insurance.

In addition, owners of these pets must take out liability insurance in Spain to cover any damage their pet may cause to other dogs or people.

3. Time that a pet can be left alone at home.

The period of time that your pet may be left alone at home is also regulated.

In the case of dogs, they may not be left alone for more than 24 hours and in the case of cats, for 3 days.

Dogs may not be left inside the car and pets must be allowed to rest indoors.

As an exception, herding and working dogs may be left unattended for longer periods, as long as they have a geolocation device and shelter.

 

4. Sale of dogs, cats and ferrets in Spain

Another aspect of this law is concerning pet shops and kennels. In the case of pet shops, the sale and exhibition of dogs, cats and ferrets is prohibited, and the animals may not be displayed in shop windows.

Breeders must have a licence to carry out this activity. In the case of unregistered individuals, breeding will be considered illegal.

 

5. What about hunting animals in Spain?

One of the most controversial issues is that animals for hunting and experimentation, working dogs and species considered as non-pet species are excluded from this Spanish law.

 

If you wish to know more about the new animal welfare law in Spain and the possible sanctions in Spain in case of non-compliance, keep reading here.

If you need advice on this new law, or on any other tax or legal matter, please contact our law firm in Marbella.

 

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Intestate succession in Spain

What happens when a person dies in Spain without having made a will?

Welex, your lawyer in Marbella, has the pleasure to write a few lines concerning intestate succession in Spain.

In these cases, in Spain the so-called «Intestate Succession» or «ab intestato» is initiated, this can be found in the article 658 Cc «in the absence of a will the Succession is deferred by Law», that is to say, it will be the Spanish law who regulates the way of succession in case there is no will or in the case that it is ineffective.

According to Article 913 Cc «In the absence of testamentary heirs, Spanish Law defers the inheritance to the relatives of the deceased, to the widow or widower and to the State».

 

Intestate succession in Spain

 

This type of succession can be requested:

Children and descendants
Ascendants
In the absence of children, descendants and ascendants, the widowed spouse may request it.
In the absence of any of the above, siblings and relatives (and nephews and nieces in the event of the latter’s death).
Collateral relatives up to the fourth degree
Finally, and in the absence of all of the above, the Spanish State.

 

The title of the intestate succession in Spain is the so-called «Declaration of heirs ab intestados», so that the person who claims his or her right as heir after the death of the deceased without a will in Spain, will be obliged to make a declaration of heirs in Spain before a notary.

Read on to find out more about the process!

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Mandatory documentation in the sale and purchase of properties under construction in Spain

The purchase of your property on the Costa del Sol requires a mandatory documentation to be delivered by the developer in the case of sale and purchase of homes under construction.

 

If you have decided to buy an off-plan property on the Costa del Sol, you are facing an important decision, since the property has not yet been built and it is an investment in a foreign country whose legislation you are not familiar with.

In any case we advise you to hire the services of a lawyer specializing in the purchase of property in Marbella or surrounding areas, who will explain the steps to be taken in the purchase and the details of the documentation on your new home, which will give you great peace of mind throughout the purchase process until its completion and complete the registration of your new home in Spain in your name at the Land Registry.

You should bear in mind that, as established in the regulations applicable to consumer information in the sale and purchase and rental of homes in Andalusia, the Developer must deliver a series of mandatory documents to the buyer.Read on here and we will tell you what they are.

 

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Tourist rentals and their management by homeowners’ associations

In recent years, there has been a considerable boom in tourist rentals in Spain. As an owner of a residential property in Andalusia, you can offer it as tourist accommodation for rent by marketing or promoting it through tourist channels, such as real estate agencies, mediation companies or digital booking management channels.

However, there are a number of conflicts when renting out your property for tourist purposes in Spain.

Read on here to find out more about the conflicts that can arise from the community of neighbours.

 

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Construction on plot in Spain. Contract with the builder | WELEX

If you are the owner of a plot of land in Spain and are going to engage the services of a builder to carry out the construction, you will need to take into account a number of expenses in addition to the fees for the construction on the plot.

It is common practice that other expenses that may be incurred, such as machinery permits, electricity and water consumption, and any other expenses that may arise as a consequence of the material execution of the works, are paid by the builder.

Click here to read more! If you need personalized advice, do not hesitate to contact us.

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Inheritances in Spain and its phases

As already mentioned in previous blogs, the term inheritance is defined as a subrogation in the legal position of the deceased, comprising all their assets, rights and obligations as long as they are not extinguished after their death.

 

In the following, our team of lawyers specialized in inheritance in Spain will explain the different stages in which your inheritance can be found.

 

Future inheritance in Spain

First of all, we find the future inheritance. This future inheritance in Spain is prohibited by the Spanish Civil Code in its article 991 where it states that «no one can accept or repudiate an inheritance without being certain of the death of the person to whom he/she is to succeed and of his/her right to the inheritance». However, according to some provincial laws, contractual succession is permitted.

 

Phases of inheritance in Spain

 

  1. Open inheritance

The first phase of an inheritance is the open inheritance. This stage takes place once the death of the testator occurs, resulting in the opening of the succession.

Once the succession has been opened, as long as the call to the heirs has not become effective, the inheritance is said to be non-deferred, which may occur in cases in which the deceased has established a suspensive condition and this has not been fulfilled. Once these appeals to the heirs have taken place and those benefited by the will or legal disposition can already acquire their rights, the inheritance becomes a deferred inheritance in Spain.

 

inheritances Spain phases

  1. Inheritance intestate

It is important to remember that an inheritance in Spain can be accepted or repudiated by the heirs, and while this acceptance or repudiation of the inheritance is taking place, the inherited assets do not have a known owner during this period of time, the inheritance is said to be dormant.

 

  1. Inheritance accepted in Spain

Accepted inheritance, as its name indicates, is that which arises once the heir has accepted the inheritance, thus becoming the holder of the legal relations of the inheritance.

If, on the other hand, the inheritance is not accepted, but repudiated, the inheritance becomes vacant, as there are no heirs to the inheritance. This vacant inheritance can also occur if the heirs do not have the capacity to inherit because they are incapable, or if the individuals whom the deceased named as heirs are no longer alive at the date of death of the deceased.

 

  1. Undivided inheritance and divided inheritance in Spain

An undivided inheritance arises when the inheritance has already been accepted by all the heirs called to the succession, but has not been divided among them. On the other hand, when this division has already occurred and has been distributed, we find a divided or adjudicated inheritance.

Finally, we can find the case where the inheritance is in administration. This occurs when the testator has so established in his or her will, or when the Civil Code so stipulates.

 

At Welex, lawyers and accountants in Marbella, we count on a team of experienced lawyers in the management of inheritances in Spain. Do not hesitate to contact us if you wish assistance in the phases of accepting your inheritance in Spain.

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Do you have any legal question?

At Welex we guarantee you a professional and individual treatment. All our professionals have years of experience in their field, which they put at your service with the aim of attending your affairs quickly and efficiently. Please contact us and we will be happy to advise you. (+34) 952 77 55 21 | info@welex.es

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