Civil Right is the legal branch that regulates relationships between private individuals and, therefore, is the one that rules over our daily lives. Because of its everyday nature and importance, it is often necessary to obtain legal advice in cases that belong to the area of civil law.
In O&LL we provide high quality legal advice to corporations and private individuals regarding any case related to Civil Right. Furthermore, we are specialised in legal assistance and defence of legal businesses and civil problems. We present written claims and statements of defence, we attend court to defend your interests, we claim debts, we write public documents, we provide legal advice to community owners, we claim and defend construction-related cases, among other services.
Service catalogue in civil right:
1 | Liabilities and contracts
- Contractual and extra-contractual civil liabilities
- Writing of civil contracts (trade, lease, service provision,
usufruct, deposit contract, dation in payment, construction, swap agreement, loan, etc.)
- Judicial and extrajudicial debt claims (order for payment procedure, exchange rate regime, ordinary procedure, oral argument)
- Compliance with liabilities
- Debt claims to debtors
2 | Leases, rights in rem and horizontal property regime
- Urban and farming leases
- Eviction (of a tenant) due to default
- Rental claims
- Housing damage claim against the tenant
- Resolution of agreement of lease due to default
- Establishment or suppression of rights in rem on immovable - property
- Demarcation of boundary or division of immovable property
- Assessment to community owners in horizontal property regime
- Assessment in owner boards
- Community rent claims
3 | Successions and donations
- Legal assessment in writing last wills and testaments
- Legal right of complaint about testaments
- Mediation and negotiation between heirs
- Legal assessment in accepting or waiving one’s right in a succession
- Agreements in the partition of an inheritance
- Determinations and claims regarding the legal portion
- Planning of legal and taxable value in a testament succession
4 | Civil responsibilities and injuries
- Traffic accidents in any area of law
- Accidents at work
- Medical negligences or professional negligences in general
- Any type of accident: falls, bad provision of public services, etc
- Any type of action derived from an insurance policy contract
- Legal guardianship and curatorship: Restriction of the capacity to act
5 | Property and construction rights
- Assessment in property sales
- Writing sale and deposit payment contracts
- Public authorisation document for property sales
- Habilitate the registration of the property
- Complaint about construction defects
- Agents’ responsibility for the construction (project developer, constructor, draughtsman, architect)
- Complain about and defend controversies originated from latent defects during the construction
- Appeal for failing to comply with any part of the contract
Commercial Law is a branch of private law, that regulates commercial practices and the legal relations that derive from such practices. Commercial Law also applies the regulations to commercial activities and merchants.
In O&LL we guarantee high quality legal assessment in transactions, with commercial and financial implications, done by corporations, private individuals or other legal entities. Since we are a specialized professional team, which has long experience in commercial and corporate issues, we can offer the best solutions and alternatives that your corporation needs.
Service catalogue in commercial and corporate law:
1 | Corporate Law
- Setting up a corporation
- Writing and editing statute laws of a corporation
- Corporate restructuring
- Nullity and liquidation of corporations
- Parasocial agreements
- Civil society and community of goods
- Responsibility of administrators, shareholders and counsellors
2 | Commercial contracting
- Commercial contracts, agency, distribution, handling, franchise and concession
- Commercial loan and financial lease contracts
- General contractual conditions
3 | Information technologies and online commerce
- Contracts to commercials and intangibles
- IP Media, e-commerce y social networks
- Brands and commercial names
- Conflicts on the names of registered brands and private domains
Bankruptcy Law is the branch of Commerce Law that regulates defaults of payment, which a corporation or private individual might have to face because of its insolvency nature. Its aim is to find a solution for the case of insolvency of de debtor, so that the payment can be made and that will allow his commercial activity to go on.
In O&LL we provide legal advice to a myriad of corporations and private individuals; therefore, we feel quite confident as to what refers to Bankruptcy Law. We, additionally, count on a team which has more than 30 years of experience in the bankruptcy procedures.
Service catalogue in Bankruptcy Law:
- Bankruptcy procedures for corporations or insolvent private individuals
- Analysis on the case of insolvency
- Defence the interests of creditors
- Negotiate with the bankruptcy administration and creditors
- Negotiate debts and payment agreements
- Bankruptcy administrator’s responsibility
Criminal Law is the branch of public law that protects the fundamental legal goods of the individual and the society. It functions as a control instrument that seeks to keep social order by regulating criminal behaviour, to which a punishment or a detention order is applied.
In O&LL we guarantee defending the client’s interests throughout criminal procedures, be it in the case of an accusation or defence, that can derive from crime corporation related or private crime. We will assist you in any type of criminal procedure, writing reports and criminal actions, appeals, assistance to the person in custody, etc.
Crime catalogue, among others:
- Crime against traffic security: drinking and driving, speeding,driving without license,
reckless driving and failure to provide assistance.
- Financial crime: misappropriation, improper management, fraud, forgery,
bankruptcy crime, money laundering, punishable insolvency, etc
- Crime against property: theft, robbery, damages, etc
- Crime against an individual: injuries, homicide and murder
- Crime against public health: dealing with drugs
- Administration and political crime: bribery, unfair decision knowingly issued by a civil servant, urban crime, illicit use of connections,
misappropriation, frauds, forbidden business, corruption and improper management of documents
- Crime against tax authorities: tax crime
- Domestic violence crime
- Crime against freedom: illegal detention, kidnapping, threat, coercion, torture and crime against moral integrity
- Threat, coercion, slander and defamation
- Sexual aggression: rape or abuse
- Forgery, trespassing and unauthorised practice of a profession
- Crime against privacy: secret discovery and disclosure, forced entry
- Crime against family rights and duties: family neglect, pension default of payment, child abduction, etc
Banking Law is the area of law, which constitutes the regulations for financial entities and their activity. These precepts impose and rule how banks must behave, especially when offering a specific service or product to its clients, be it private individuals or businesses. In the given case of any wrongdoing, the responsibilities, that financial entities must act according to, should be analysed.
In O&LL we have experienced lawyers, who have worked for some of the most important banks in Spain, which adds more value to the quality service that we provide to our customers.
Many clauses that are included in a loan or mortgage, novation or mortgage subrogation sales, do not fulfil the requirements given by the law and case law, which makes them abusive. Therefore, it is advisory to request the nullity of a clause and claim the sum, that originates from the request.
Service catalogue in banking law:
- Interest rate floor
- IRPH, TAR, ECSC and other reference indexes
- Mortgage expenses clauses
- Preferential shares
- Multicurrency loans
- Early expiration clause
- Late payment interest rate clauses
- SWAP and other financial products
- Nullity of abusive clauses
Mediation is a voluntary and confidential process, in which the involved parties in a conflict work together with a third party (the mediator), who stays neutral and fair, so that alternatives can be brought in the conflict, and needs and interests can be covered. It is a flexible practice, which allows a better comprehension of the conflict, as well as saving time and money. However, it does not suppose that other means to solve the conflict are out of the question. The parties can still access legal advice or assessment, if mediation was not satisfactory for the involved parties.
In O&LL we decided to introduce ourselves in the world of mediation, since we wanted to solve the emotional and economic exhaustion, which some individuals experience when they decide to or must face legal procedures. Even though the jury makes a decision about a specific conflict, it does not imply that the conflict is fully finished, since further appeals or legal procedures can be generated from the same conflict.
For that reason, we can rely on experts, who are academically prepared, who have done some projects in the public sector like the initiation of intrajudicial civil mediation in the Court of Manacor, which made them pioneers in the Balearic Islands. Other experts of ours are part of a membership of family mediators in the Social Services, Cooperation and Mediation Training Ministry (IMIB)of the Balearic Islands
Advantages of Mediation
Controlling the conflict
The involved parties are the ones that decide without the intervention of third parties, nobody decides their future, the mediator does not even advise or assess.
The intervention of the mediator as a fair and neutral third party enables the involved individuals to feel safe and taken care of, which transforms the dynamics and allows respectful and trustworthy communication. It, therefore, changes the perception of the involved parties, which makes it possible to cover the interests and needs of both parties.
Law number 5/2012 obliges the parties and the mediator to stay confidential, which ensures and guarantees a smooth procedure, especially in the cases in which negative publicity should be avoided.
The economic cost is lower than the one of a regular legal procedure. The payment is made per each session, which is generally a weekly one and it lasts 90 minutes.Since it involves a dialogue, the emotional cost is much less as well, which can even result to something positive since social abilities can be acquired during the practice. You can see as well that time is saved during such procedures. SPEED is the most important value, especially in corporate contexts
Legally binding enforceability
The agreements to which the parties shall come, can be written and can become as legally binding as a judicial sentence. In case of intrajudicial mediation, in which there is an open legal procedure, the agreements can be authorised or recognized by the jury.
Inheritance Law is the branch that regulates the process in which the active and passive rights from a deceased person are transmitted to the heir or legatee, that is, it determines the allocation of the properties and legal relations of a person, who has passed away.
In O&LL we find the most economic and efficient solution for each case, considering the most appropriate method to resolve every inheritance conflict, without forgetting about tax law. This way, our office advises the client the fairest way possible, so that he or she can achieve the, possibly, most beneficial share of his or her inheritance, which goes according to his or her interest.
Service catalogue in inheritance law:
- Legal assessment in writing testaments and last wills
- Legal right to file a complaint against a testament
- Mediation and negotiation between heirs
- Legal assessment to accept or waive
- Share agreements
- Determination and complaint related to the reserved share
- Legal and tax planning of successions
- Legal complaints related to mortis cause succession
Family Law is the part of civil law that regulates the personal and property relationships between the members of a family. Its aim is to solve or prevent conflicts, which often originate between spouses or partners and their respective descendants.
In O&LL we rely on experts that provide efficient and high-quality assessment concerning any type of family conflict or matter, be it matrimonial, prematrimonial, postmatrimonial, related to together living, children, parentage or legal protection
Service catalogue in family law:
- Legal advice during divorce
- Nullity and divorce
- Guardianship and custody of minors
- Shared partnership
- Right of visit
- Maintenance claim and right to use the family property
- Paternity claim and parentage
- Religious nullity
- Matrimonial property agreement
- Prematrimonial or matrimonial agreements
- Non-marital partnership: formation and dissolution
- Liquidation of acquisition agreement
- Legal protection and guardianship of children: restriction to act