Legal advice and representation in civil matters, contracts, property rights, civil liability, family law, inheritance and support measures under Spanish law.
Civil Law governs a substantial part of the legal relationships between individuals and businesses, including contracts, property, liability for damages, family relationships, inheritance and situations in which a person may require legal support in exercising their legal capacity.
At EBAN Abogados, we approach civil matters from a practical and multidisciplinary perspective, considering not only the immediate legal issue but also its potential financial, family, property, registration and procedural consequences.
Civil Law
Support measures for persons with disabilities
Spanish civil legislation recognises the legal capacity of persons with disabilities and has replaced the former system of judicial incapacitation with a framework based on support measures.
These measures must be adapted to the individual circumstances of each person and, as far as possible, respect their wishes, preferences and personal choices.
We provide legal assistance in proceedings concerning the establishment, modification and review of support measures, including curatela where appropriate, preventive powers of attorney and other voluntary support arrangements, as well as related judicial and notarial proceedings.
We also advise on matters involving the conduct of persons exercising support functions, the protection and administration of assets and family disputes arising in connection with those measures.
Obligations and contracts
Contracts are one of the principal sources of legal and financial relationships between individuals and businesses.
We advise on the drafting, interpretation, performance, amendment and termination of contracts, as well as on the consequences of contractual breaches.
Our work includes debt recovery, claims for performance or termination, damages for breach of contract, disputes concerning contractual clauses and questions relating to the validity or enforceability of agreements and other legal transactions.
Contractual disputes frequently require a detailed analysis of the contractual documentation, communications between the parties, their conduct before and after entering into the agreement and the financial consequences of its performance or breach.
Property rights and mortgage law
We advise on matters concerning ownership, possession and other rights over movable and immovable property under Spanish law.
Our work includes disputes concerning ownership, co-ownership, partition of jointly owned property, easements, usufruct, possession, property boundaries and other issues arising from rights over assets.
Real estate matters frequently require consideration of the relationship between the underlying legal position, contractual documentation, the Spanish Land Registry and, where relevant, the physical or cadastral description of the property.
We also advise on mortgage law, including security interests over real estate, mortgage loans, enforcement and discharge of mortgages, Land Registry matters and disputes arising from transactions involving real property.
Non-contractual civil liability
A person who causes damage to another may be legally required to compensate that damage even where no contractual relationship previously existed between them.
Claims involving non-contractual civil liability require an assessment of the conduct giving rise to the damage, the existence and extent of the loss, causation and any circumstances that may establish, limit or exclude liability.
We act both in compensation claims and in the defence of claims involving personal injury, property damage and financial loss.
These disputes may require expert evidence, medical or technical documentation and a careful assessment of the available evidence before judicial proceedings are commenced.
Family Law
Family relationships can give rise to significant personal and financial legal consequences and require particularly careful handling.
We advise and represent clients in separation and divorce proceedings, arrangements concerning children, custody, child maintenance, modification of existing measures, division of matrimonial property and other matters arising from family relationships.
Our approach is to identify reasonable and sustainable solutions where an agreement remains possible, while providing effective representation before the courts when litigation becomes necessary.
Family matters may also have important property, tax and international consequences, particularly where the parties, children or assets are connected with more than one country.
Inheritance and succession
We provide legal assistance in matters concerning inheritance, succession and the transfer of assets following death.
Our work includes the interpretation of wills, declarations of heirs where no will exists, acceptance and renunciation of inheritances, inventories, partition and distribution of estates, compulsory heirship rights and disputes between heirs and beneficiaries.
Inheritance matters may become particularly complex where estates include real property, family businesses, liabilities, assets located in different jurisdictions, beneficiaries residing abroad or disputes concerning the interpretation or implementation of testamentary provisions.
Where necessary, we coordinate the civil aspects of an estate with its property registration, corporate and Spanish tax implications.
Civil litigation
Where a dispute cannot be resolved through negotiation or agreement, we represent clients in civil proceedings before the Spanish courts in relation to the matters described above.
Before commencing proceedings, we assess the client’s legal position, available documentation, evidential requirements, foreseeable costs and the realistic prospects of obtaining a favourable outcome.
Litigation is therefore treated as one instrument within a broader legal strategy rather than necessarily being the starting point of every dispute.
A multidisciplinary approach
Civil matters frequently overlap with other areas of law.
A contract may have corporate or tax consequences; an inheritance may involve companies and real estate; a divorce may require the division of jointly held assets; and support measures may require decisions concerning the management and protection of a person’s property.
For this reason, EBAN Abogados approaches civil matters from a multidisciplinary perspective, coordinating Family, Corporate, Tax, Employment, Administrative and Procedural Law issues whenever required.
Civil Lawyers in Spain
We advise and represent clients in civil matters throughout Spain, including international clients whose legal affairs, family relationships or assets have a connection with Spain.
Initial consultations are free of charge. Before undertaking any professional engagement, we assess the matter, the available alternatives and the viability of the proposed course of action.
Civil Law affects many of the personal, family and financial relationships that arise throughout life. Effective legal advice requires understanding not only the applicable law, but also the practical consequences of each decision.
EBAN Abogados
Civil Law · Family Law · Inheritance · Contracts · Property · Civil Liability
