New admission criteria of the Supreme Court for the appeal for cassation

On 27 January 2017, the full court in a non-adjudicatory session of the Supreme Court agreed the new criteria for admission of appeals for cassation.

This agreement is binding and replaces that of 30 December 2011

Criteria

Conclusions of unification of criteria regarding the oral hearing after the reform of Act 42/2015

The Courts of First Instance have unified criteria relating to the oral hearing after reform of Act 42/2015.

Criteria

Agreement of the General Council of the Judiciary about provincial courts deciding on proceedings on floor clauses

The Permanent Commission of the General Council of the Judiciary reached an agreement on 25 May 2017, with which it attributes certain courts with territorial jurisdiction indicated for each of the cases, so that in an exclusive and not excluding manner, they may hear matters relating to the general terms and conditions included in financing contracts with real estate collateral whose borrower is an individual.

Unifying criteria of the Court of First Instance number 50 in Barcelona regarding abusive mortgage clauses

The magistrates of the Court of First Instance number 50 in Barcelona have unified criteria on abusive mortgage clauses, regarding:

– Mortgage incorporation costs clause

– Early termination clause

– Delay interest clause

– Multicurrency mortgages and Mortgage Reference Index (IRPH)

– Clause relating to the interest rate variability limits

– Costs

 

Citizens are not alone before the Law

egarding the relationship between professionals and clients, or the corruptibility of their conduct. Despite this, society positively values their work.

So, in the 5th External Barometer of the Legal Profession, these professionals continued in first place among all the legal institutions submitted to public evaluation. The Barometer draws attention to the United States, where the Legal Profession is very well considered for the high average level of fees it has managed to consolidate. However, it is in last place in the ranking of citizens’ trust.

The lack of comprehension that lawyers sometimes suffer is not isolated throughout the legal system in which we live. In this sense, the 5th External Barometer of the Legal Profession contains data in its conclusions that prove lawyers have to provide results for their clients via a system that is not exempt from defects:

  • 82% of citizens think that legal language and proceedings are excessively complicated and difficult to understand for the average citizens.
  • 80% of citizens think that, in general, the legal system continues to be disorganised and does not function as would be expected in a modern and advanced society.
  • For 77%, with the existing resources and its current way of working our legal system cannot contribute with the effectiveness and speed it should to investigate and punish corruption.
  • 73% maintain that on many occasions winning a lawsuit is of no use because in practice the ruling is worthless as it is not executed or it is executed too little too late.

 

However, this “bad reputation” of the lawyers, which is not shown on the Barometer of the General Council of the Legal Profession, but that is obvious on occasion, as generalised as it is unjust, has recently had a moment of positive change, particularly within the framework of two large fields; mortgage and banking products.

The greater visibility of lawyers’ work not just in support of defending clients, but with a vocation to change the habit of considering the banking sector as an invincible titan has been tempering society’s attitude towards law professionals. We can say, with no fear of exaggeration, that society has been inspired by the legal profession. And it is not incorrect, because they have not been professionals from large firms, with visibility in newspapers or members of lobbies that have managed to cause a stir against bad banking practices, corrupt politicians and abuses in the world of work; but often they are lawyers from small firms, or who work alone, or with a few years’ experience.

This kind of professional enhances a profession that is necessary, useful and noble. Little by little, and thank to campaigns such as that activated by the Association of Lawyers of Madrid in summer 2016 regarding the so-called “Preventive Advocacy”, it is managing to reinforce the prestige of the profession, underlining the importance of the preventive function of the Legal Profession, upon making citizens aware of having preventive professional advice, acknowledging lawyers as the professionals that are able to firmly guide one among all the doubts and even the fears that arise in the middle of a contract, a sale or purchase, an inheritance or an accusation.

Ruiz Castel is committed to online facilitating access to information and services through its website

 

Ruiz Castel actualiza su web para facilitar el acceso a la información y los servicios e inaugura un perfil en la red social de LinkedIn para ofrecer un servicio más cercano y directo a sus clientes.

La actualización de la web, que pretende ser más usable y accesible para los usuarios, pone al alcance de los clientes toda la información que necesitan para contratar y conocer los servicios de la procuradora.

De este modo, en la página web se puede encontrar un apartado con información del equipo de trabajadores, así como de los servicios que se ofrecen, una sección restringida a los clientes, el Área Cliente, y consultoría online. Finalmente, también se actualizará con frecuencia un apartado de noticias con las últimas novedades del sector y de interés para los usuarios.