Category Archives: Legal Help & FAQs

PARTIAL RETIREMENT AND FLEXIBLE RETIREMENT Lawyers

 

The partial retirement , which is the situation where a worker ceases to full – time employment and start a part – time work to cause the retirement pension in proportion to the reduction in working hours. During this situation, a hybrids situation continues in which the beneficiary continues to work part-time and in high status and at the same time receives the retirement pension and holds the status of pensioner for all legal purposes.

The Flexible retirement , the situation is one that allows the retirement pension compatible with part – time paid work, within limits working hours legally established by the regulation itself, that from 17.03.2013, is between Minimum of 25% and a maximum of 50% of ordinary full-time work.

The worker who intends to retire in any of these ways, will have to notify the INSS’s managing body in advance, since in case of non-notification it would have the consequence of considering the improper character of the pension and the obligation to reimburse the amounts wrongly received .

INCOMPATIBILITY
The flexible retirement pension will be incompatible with the pensions of permanent disability that could correspond to the activity developed, after the recognition of the retirement pension, whatever the Regime in which they are caused.

 

OBLIGATION OF THE ADMINISTRATOR TO REPORT THE EXPENSES OF THE COMMUNITY

 

 

Obligation to report by the Farm Manager on the expenses of the community

Many questions have been put to the effect that the administrator or property manager of the owner community does not provide documentation regarding community expenses when asked to do so by a property owner.

Another question we are asked is that there are many neighbors who do not pay and that the administrator does not report.

What solutions can there be to these problems

Article 20 of the LPH establishes the obligations of the administrator, among which are, to guard at the disposal of the owners the documentation of the community, as well as to execute the agreements adopted in the matter of works and make the payments and make the collections that are And to prepare, in due time, and submit to the Board the plan of foreseeable expenses, proposing the means necessary to deal with them.

Consequently, any neighbor has the right to request documentation relating to the expenses of the administrator or the administrator, who must show it to any of the co-owners.

As for the claim of the delinquent neighbor0

Likewise, under article 9 of the LPH, it is the obligation of each owner to contribute, in accordance with his participation quota fixed in his title of purchase or to the specially established, to the general expenses for the adequate maintenance of the property, its services , Burdens and responsibilities that are not susceptible of individualization.

Otherwise, Article 21 of the LPH empowers the community to approve the judicial claim of the debt by means of moni- toring. For this purpose, a prior approval of the Board’s agreement in which the debt settlement with the community is approved By whom he acts as secretary (the administrator) of the same, with the approval of the president, and must be notified beforehand.

The farm manager or the administrator, if applicable, must proceed in a timely manner as established in article 20. f LPH assuming the obligation to fulfill the other duties that are confirmed by the Board, so they must call a regular or extraordinary meeting , In order to certify the debt and report it complying with the formal requirements established by the Law prior to the initiation of legal proceedings. At that meeting, they must authorize the President to grant powers in favor of a lawyer and an attorney for their legal claim.

 

 

VICTIMS OF INTERNET SCAMS WHAT TO DO NEXT?

 

Internet Fraud Crimes

In general, online fraud is the same as that committed by any other means, although the possibility of extending this crime to more people means that there is a better chance of finding victims that are suitable for criminals crime.

The crime of computer fraud in the penal code
Article 248.2 of the Constitution states that:

Also considered to be convicts of fraud:

The figure of Phising or fishing on the Internet

A) Those who, for the sake of profit and using any computer manipulation or similar artifice, obtain a non-consensual transfer of any assets to the detriment of another.

The use of Trojans and worms to detect passwords

B) Those who manufacture, introduce, possess or provide software specifically designed for the commission of the scams provided for in this article.

Theft of credit or debit cards and other forms of payment

C) Those who using credit or debit cards, or traveler’s checks, or data working in any of them, carry out operations of any kind to the detriment of its owner or a third party.

The most common internet scams

Usually the victim of the scam is that person who in good faith pays the amount requested, either in the purchase of a product at a very low price or even if it is not the product does not exist or by a provision of service that does not Is done via the Internet.

The most common scams, according to the statistics of the State Attorney General and the State Security

Forces and Corps are:

  • Attempting to buy objects too cheap.
  • The offer of well-paid jobs, interested in an amount for the discharge in Social Security or any other body that replaces him in the corresponding country, generally European country.
  • The offer of low interest loans, by supposed financial institutions, requesting an initial amount for the processing of the loan.
  • The offer of an inheritance of a family member in Europe, which does not exist, for which a letter is sent previously, and it is pointed out that in return for a small amount will be left with the inheritance, usually one of the authors or accomplices is in Known financial institution.
  • Phising or victim fishing, usually through a simulation of the portal of a financial institution, are requested the passwords of the accounts, for various reasons, that can mislead the victim of the scam.
  • Victims of fraud brokering, known as “muleteers”, in which someone tells you that you can not receive money in an account in a foreign country and that in exchange for a commission or percentage enable one account and transfer the rest to another Account, evidently money coming from scams previously obtained from other victims.
  • False winning lottery coupons.
  • Scams in rentals of housing or any other property that is subsequently checked or that do not exist or are of other characteristics than advertised.

What actions should the victim of the scam carry out?
The victim of a scam the first thing to do is to try to obtain prior to the denunciation proof of it, depending on the circumstances, it may be necessary that a record be taken by a Notary of the computer screen or electronic component where You see the action that has given rise to the scam.

Secondly, it will have and must report the facts of which it has been victim, trying to give the maximum possible details and providing the evidence with which it counts so that either the Forces and Security Corps or the corresponding Court or Prosecutor Carry out the necessary investigations for the determination of the author or authors of the scam.

It is also important that the victim can follow the entire judicial process against the perpetrator or perpetrators of the punishable act, for which they will have to appear in the case with a lawyer so that on their behalf may interest the evidence that it deems appropriate and propose in the brief Accusation and civil liability that they deem pertinent.

 

ORDER OF THE SURNAMES OF THE CHILDREN WHO DECIDES IT?

The name of the children

The attribution of the name and surnames individualizes and identifies the person and can be framed in the principle of free development of the personality and the principle of dignity of the person.

In this country, the name is composed of two elements: the proper name, which is chosen by the parents, and two surnames, which are imposed by filiation, the paternal and maternal (the duplicity of surnames avoids homonymy and allows both the father As the mother is reflected in the identity of the child).

What happened to the surnames before the current regulation

With law 11/1981 the attribution of surnames depended on whether the filiation is determined, either by both parents or only one of them. In this sense, Article 109 of the Civil Code after the 1981 reform stated that “1. The filiation determines the surnames in accordance with the provisions of the Law.

The son, upon reaching the age of majority may request that the order of their surnames be altered.

Therefore, the determination of paternal and maternal filiation, whether matrimonial or extramarital, was given preference to the paternal surname on the maternal (articles 53 LRC and 194 RRC).

The regulation was as follows:

If the filiation was recognized by both lines, paternal and maternal, the son had the first last name of the father and the second last name the first of the mother.

If the filiation was determined only with respect to one of the parents, the son was granted the two surnames of the same and in the same order. However, according to article 55.2 LRC, at the request of the child, at any time, or its legal representative, if the only affiliation determined was the maternal one, it was possible to reverse the order of the maternal surnames to avoid the coincidence of the First surname of mother and son, and avoid, in turn, show the absence of determination of paternal filiation.

– If the filiation was not legally determined, the Civil Registry Officer granted the child a name and surnames in common use (article 55 LRC).

Who decides the order of the surnames of the children

In accordance with the provisions of the current Civil Registry Law, the autonomy of the parents’ will allows them to choose the order of their first names for their children. The controversy begins when this right is not exercised.

Law 20/2011 of July 21, reforming the Civil Registry Act regulates in articles 49 to 57 the content of the birth registration, which will enter into force on June 30, 2017 .

Article 49.2 notes the following:

The filiation determines the surnames.

If the filiation is determined by both lines, the parents will agree on the order of transmission of their respective first surname, before the registration.

In case of disagreement or when the surnames in the application for registration have not been stated, the Civil Registry Officer will require both parents or those who hold the legal representation of the child, so that within a maximum period of three days Order of surnames

After this term has expired without express communication, the Registrar of Civil Registry will order the order of surnames in the best interests of the child.

In this first inscription, when so requested, the preposition “de” and the conjunctions “and” or “i” between the surnames may be included in the terms foreseen in article 53 of this law ”

What surnames are given to later children

The order of surnames established for the first birth registration, ie for the first of the children, determines the order for the inscription of subsequent births with identical sonship.

 

How to Make a Will – What Should a Will Contain?

 

A will is a document that helps us to list out our willingness to give away our estate to whom and in what proportion in case of many people are there to inherit, and this will document can be made legally valid with the help of a lawyer and witnesses. This will document depending on its necessity can be prepared at any point of time in our life, either when we are young and healthy or even few minutes before die.

Now, on looking into how to make a will, we need to understand what should a Will contain, and it is quite obvious that such a legality is a new thing for anyone who is going to create it, and also there are a vast amount of information that needs to be put up which differs from individual to individual.

The only way this can be done simpler is with the help of legal will kit by online will centre where we can easily create a will, as it contains the all the necessary check points to capture the critical information that a Will should contain from a legal standpoint to avoid future disputes and ambiguity in information presented.

To understand how an online Will document creation works, a person has to set up an account in the online will centre, later when they choose to create their Will, they can find fields and text boxes asking for necessary information that a Will should contain to be entered in it and these were created with the help of experienced and reputed Estate and Will solicitors who have identified the common critical information for each individual based on their scenario of Will preparation. And this information captured to generate an online Will shall be audited by an authorized lawyer to see it is all valid from a legal stand point.

 

ARE EMAILS WORTH AT TRIAL?

 

The civil procedural law, (LEC), 1/2000 of January 7 provides, in art. 299.2, audio-visual means of proof (means of reproduction of the word, sound, image, as well as instruments for archiving and knowing or reproducing words, data, figures and mathematical operations carried out for accounting or other purposes Relevant for the process, as follows:

“The means of reproduction of the word, sound and image, as well as the instruments for archiving and knowing or reproducing words, data, figures and mathematical operations carried out for purposes Accounting or otherwise relevant to the process. ”

Moment of proposing emails as proof

To any claim or answer says art. 265.1.2ยบ LEC to be accompanied “The means or instruments referred to in section 2 of art. 299, if they were based on the claims of guardianship formulated by the parties. ”

About how to propose trial of emails in trial

As stated in the same procedural law (LEC), regarding the specific regulation of these means of proof, electronic or multimedia, in arts. 382-386 LEC, indicates how to propose or propose the parties as a means of proof the reproduction before the court of words, images and sounds captured by filming, recording and other similar instruments.

Article 382 states with respect to the Filming, recording and similar instruments and their probative value the following:

Contribution by paper:

“The parties may propose as a means of proof the reproduction before the court of words, images and sounds captured by filming, recording and other similar instruments. When proposing this proof, the party must accompany, if necessary, a written transcription of the words contained in the medium in question and that are relevant to the case. ”

The electronic fact that the computer will contain (for example, an e-mail) must be transferred to a suitable medium to be contributed to the process, and therefore establishes the transcribed article that the party must accompany, as the case may be The case of emails “written transcription of the words contained in the support …” regardless of whether it is also provided in the corresponding electronic support, either pen-drive, CDrom, DVD, if requested by the court.

In any case, the party proposing this means of proof may provide the opinions and instrumental evidence that it deems appropriate. Other parties may also provide opinions and evidence when they question the authenticity and accuracy of what is reproduced.