Category Archives: Legal Aid

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.

 

 

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.

 

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.