Welex, leading law and accountant firm in Spain, is pleased to explain in detail the disaffection of livestock routes subject to urban planning in the autonomous community of Andalucía, Spain.

Do you have a plot of land in Andalucía, situated on urban land (or before that on land for development) and a cattle track cross it?

Do you know that there are legal instruments in Spain that allow you to disaffect that part of your land that is not affected by a cattle track?

Livestock trails are public roads used for the transit of livestock, which form part of the historical, cultural and natural heritage of Andalusia, Spain. They are of great ecological, scenic and social importance, as they contribute to biodiversity conservation, ecological connectivity, rural development and sustainable leisure and tourism.

However, cattle trails are also affected by the process of urbanization and pressure from other land uses, which can threaten their integrity and functionality. For this reason, Andalusian legislation establishes a series of instruments to protect, recover and manage the cattle trails, as well as to regulate their use and management in Spain.

One of these instruments is the disaffection, which consists of the exclusion of the land of cattle tracks from the public domain, when they have lost the characteristics of their definition or destination. Disaffection in Spain implies the loss of the status of a cattle track and the possibility of using the land for other purposes.

Disaffection is regulated by the “Reglamento de Vías Pecuarias de Andalucía”, approved by Decree 155/1998 of 21 July 1998. According to this regulation, disaffection can be initiated ex officio or at the request of a party, and requires an administrative file that includes a technical justification report, an appraisal report, a proposed resolution and a public information procedure.

In Spain, disaffection must be motivated by one of the following causes:

– The existence of urban planning that foresees a new land-use plan incompatible with the maintenance of the cattle route.

– The material or legal impossibility of re-establishing the original or alternative route of the cattle track when it has been illegally occupied or substantially altered.

– The existence of a public or social interest justifying disaffection, provided that adequate compensation to the public heritage of the cattle routes is guaranteed.

– Disaffection has important legal consequences, since it entails the loss of the domanial nature of the land and its incorporation into the private patrimony of the Junta de Andalucía.

Disaffection also has significant environmental and territorial implications, as it can lead to the fragmentation or loss of the green corridors that connect natural spaces and facilitate the movement of fauna and flora in Spain. For this reason, the disinvestment must be an exceptional and justified measure, subject to rigorous administrative and social control.

In this sense, the Andalusian Regional Government has recently approved the formulation of the Green Infrastructure Plan for the Connectivity of Andalusia, which aims to establish an integrated and coherent network of natural and semi-natural spaces that contribute to the conservation and restoration of ecosystems and their services. This plan includes livestock trails as one of the key elements to guarantee the ecological connectivity and sustainable development of the Andalusian territory.

If you would like to know more about the disaffection of livestock trails subject to urban planning in the autonomous community of Andalusia, or any other legal, accounting or fiscal issue, please contact our law firm Welex, lawyers and economists on the Costa del Sol.

In this article, one of our professionals from Welex, leading firm of lawyers and accountants on La Costa del Sol, will explain in detail what documentation is necessary to execute a Deed of Acceptance and Adjudication of Inheritance before a notary in Spain.


What documentation is necessary to execute an Acceptance of Inheritance Deed before a Notary in Spain?

First of all, we would like to warn you that in the event of the death of a person outside Spain, in the case that the various documents required are to be issued by authorities outside Spanish territory, the documents must have the Apostille of the Hague Convention.


Legalisation by apostille consists of adding to the public document issued by the authority of your country an Apostille or annotation that will certify the authenticity of the signature of the public documents issued in a country that is a signatory to the 12th Hague Convention of 5 October 1961. For clarification purposes, we inform you that the documents that are apostilled are judicial documents, administrative documents and notarial documents.  On the other hand, documents issued by a diplomatic or consular official cannot be apostilled.


  1. Death certificate with Apostille


This document, issued by the competent authority of your country, will certify the date and place of death. In the case of death outside Spain, we will need the certificate with Apostille of the Hague Convention.


2. Will in Spain. Will outside Spain with Apostille


In the event that the deceased had granted a Will in Spain, it will be necessary to obtain an authorised copy of the document issued by the Notary before whom it was granted, or by the Notary who currently holds the protocol.


If the person granted a will in the country of residence, it will be necessary to obtain an authentic copy of said will with the Apostille of the Hague Convention.


3. Deed of Declaration of Heirs with Apostille in Spain.


If the inheritance has already been accepted by the heirs in the country of residence of the deceased, we will need to obtain an authentic copy of this deed with Apostille of the Hague Convention.


4. Passport or identity card of the heirs


The heirs must present their passport or identity document for the purpose of identification before the notary in Spain, at the time of the granting by said heirs of the Acceptance of Inheritance Deed.


5. NIE (tax identification number for foreigners) of the heirs


This is a personal, unique and exclusive number assigned to foreigners who, due to their economic, professional or social interests, are related to Spain, for the purpose of identification.



6. Passport and NIE of the deceased person


7. Purchase Title Deed granted when the property in Spain was acquired


In the event that the deceased held ownership of a property in Spain, it would be advisable to provide a copy of the Purchase Deed of said property for its identification and inclusion in the subsequent Acceptance of Inheritance Deed, to be granted by the heirs before a Spanish Public Notary.


8. Copy of any IBI or garbage receipt paid, even if it is and old copy


In this way we will be able to identify the property for Cadastre purposes and find out if there is any outstanding debt for IBI or garbage collection in Spain.


9. Balance of the bank account(s) in Spain at the date of death   


If the deceased had an account at a bank in Spain, it is necessary to obtain a certificate to be issued by the bank certifying the balance of the account at the date of the decease. This certificate will be incorporated into the signature of the Acceptance of Inheritance Deed.


10. Vehicle registration certificate


In the event that the deceased owned a car in Spain, this will form part of the inheritance, and it will therefore be necessary to provide the vehicle’s Technical File and Driving Licence.


If you need advice on the documentation required to execute a Deed of Acceptance and Adjudication of Inheritance before a notary in Spain, please do not hesitate to contact us. Our team of lawyers and accountants at Welex will provide you with the necessary legal and fiscal advice.


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Welex, a team of lawyers and accountants in Marbella, is pleased to write a few lines about the Golden Visa in Spain.

Do you wish to obtain a resident visa in Spain and are you a non-EU citizen? One way to achieve a resident visa in Spain is by means of the so-called ‘Golden Visa’. As a non-EU citizen, you may obtain the Golden Visa by acquiring real estate located in a Spanish territory for a price equal to or higher than €500,000 per applicant.



Requirements to obtain the Golden Visa in Spain:

a) Must not be found irregularly in a Spanish territory

b) Must be over 18 years of age.

c) Must not have a criminal record in Spain or in any of the countries where he or she has resided during the last five years.

d) Must not appear objectionable in the territorial space of countries with which Spain has signed an agreement in that sense.

e) Must have health insurance arranged with an insurer authorised to operate in Spain.

f) Must have sufficient financial resources for him- or herself and his or her family members during their period of residence in Spain.

g) Must pay the application fee for the authorisation or visa (new residence €70.40, renewal €75.60).


The applicant must prove that he or she has acquired the property in Spain with a ‘Certification of ownership and charges’ corresponding to the property, which is issued by the Land Registry.

This certification will include the acquisition price. Alternatively, it can be proven by providing the corresponding Purchase Sale Public Deed in Spain.

The investment on a property of €500,000 has to be free of all charges or encumbrances. The part of the investment that exceeds the mentioned amount may be subject to a charge or tax.

The residence visa for investors will last for one year in Spain.


Keep reading here. 


If you have any doubts or need advice on the Golden Visa in Spain, do not hesitate to contact Welex, our law firm on La Costa del Sol.

The place of the commission of the crime as a basic principle for the attribution of jurisdiction in Spain. Criminal lawyers in Marbella will inform you.


By Welex, your criminal defence lawyers in Marbella and multilingual barristers in Spain


Of all the investigating courts in Spain, how do you determine which one is competent to investigate a case in a judicial district? This is known as territorial jurisdiction. In these lines we will address the so-called forum comissi delicti, or place of commission of the crime as a basic principle for the attribution of jurisdiction.


Thus, the investigating judge of the place where the offence is committed will be competent to investigate the offence. However, the apparent transparency of this principle of attribution of jurisdiction is not without conflict situations, such as continuous crimes, those committed simultaneously in several places and those committed by the media.


At our criminal defence law firm in Spain you will find multilingual barristers in Marbella who speak your own language



The jurisdiction of judges and courts in Spain in the criminal field

Have you suffered any crime in Spanish territory? Have you witnessed a criminal act being committed in Spain and you don’t know where the facts may be investigated? In the following lines, the English speaking criminal lawyers at our offices in Marbella will give you a first approximation to the jurisdiction, determining the body in charge of the investigation of the facts that could have criminal characteristics.

Do not hesitate to contact Welex, your criminal law firm in Spain. Approach our English speaking criminal lawyers in Marbella, the heart of the Costa del Sol, Spain.

Matters of jurisdiction are an essential element in the investigation of a criminal act, because knowledge of the case by a judicial body that is not called upon by law to carry out an investigation or to prosecute and rule on the case could render that procedure null and void, since it violates the provisions of Article 117 of the EC, as well as Article 24(2) of the EC, and the right of the ordinary judge predetermined by law, which implies that the judge must determine the criminal act before it is committed, outlawing what are known as ad hoc courts.

Read more.

The ordinary judge predetermined by law in Spain

The Spanish Constitution configures the judicial power as an independent power, being the only power of the State to which the name of power is given.

The Spanish judicial system configures as one of the essential pillars of the Administration of Justice the determination of the ordinary judge predetermined by the Spanish law, as a preposition of the jurisdiction and arising directly from the separation of powers.

Going deeper into this idea, the Spanish Constitution configures the judicial power as an independent power, signed in Title VI of the Spanish Constitution

Read more..

Preliminary rulings in the criminal field in Spain

The Spanish law of criminal prosecution introduces preliminary rulings as a key issue regarding the complexity of criminal offenses in Spain

Jurisdiction for the sole purpose of repression

By Welex, your criminal lawyer in Marbella!

The jurisdiction of the criminal courts in Spain is one of the most important procedural matters, since its non-observance can have such a relevant consequence as the violation of the constitutional guarantee of the ordinary judge predetermined by law in article 24 of the Spanish constitution, sanctioning its non-observance with the nullity of the act.

In this scenario, and in front of the complexity of the criminal definitions, which on many occasions make it necessary to define the regulatory elements of the criminal definitions, the need arises for the judicial body to deal with these elements solely for this procedure. This question is covered by the Spanish law of criminal procedure in Chapter II, Title I of Book I, under the heading “Preliminary rulings”, to which the law devotes only 5 articles.

Read more..

The defender of a disappeared person in Spain

Do you have a family member who is missing in Spain who has assets or rights? Are there interests in Spain of a missing relative whose business cannot be disregarded without serious prejudice?

Our law firm in Marbella can assist you in the appointment of a legal defender in Spain so that he meets the legitimate rights of this person.

Contact the lawyers of Welex, your law firm in Marbella specialized in litigation in Spain.

The objective situation of any person that has gone missing from his last domicile or residence without having any more news from them causes the need to articulate a protection mechanism regarding the legitimate rights and interests of both the missing person and third parties, by ensuring traffic and legal security in businesses that depend on them.

The civil code in Spain includes the assumption of disappearance in article 181, book one, title eight, first chapter including this last article under the heading of the declaration of absence and its effects.

Read more..

New eviction law in Spain

Do you have a ‘squatter’ in your home in Spain? Then take into account the reform in law 5/2018 in relation to the process of eviction for non-payment. This blog is written by Welex, litigation lawyers in Marbella, Málaga, Spain.

The procedure of eviction for non-payment in Spain , which was already established in nineteenth-century regulation in the law of civil procedure of 1881, provides for a procedure to evict the person who was in situation or under the condition of tenant at sufferance (Article 1565 LECA).

By way of illustration, the Spanish Supreme Court has defined the legal concept of occupancy without a lease because there was no legal definition (STS judgments of April 13, 2011 and June 13, 2006), stating the following:

Read more..

Bankruptcy proceedings in Spain: All you need to know?

Our law firm in Marbella can answer all your questions about Spanish bankruptcy proceedings. First, it is important to note that Spanish law tries as much as possible to help individuals and companies that are going through complicated situations meet their payment obligations.

If it is foreseen that the Spanish bankruptcy procedure will take a long time, that is to say, that there is no short-term solution, a so-called creditors’ meeting will be requested. This enables a judge to intervene and assign an administrator to be in charge of mediating between a business and its creditors in order to find a solution to end the situation of the outstanding debts.

What is the aim of bankruptcy proceedings in Spain?

The creditors’ meeting is the tool to help, or at least to try to help, a company stay in business. A company with outstanding debts will search for ways to pay their creditors and it will try to stay viable.

How does the creditors’ meeting work?

Read more..

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