Costaluz Lawyers Legal Chronicle 2023

Costaluz Lawyers Legal Chronicle. 2024 on wooden block on the wood table. Happy New Year 2024. Planning and Goal concept.

After preparing a report on the most significant legal updates for my team from the year 2023, I thought it might be interesting to also share these insights with you, the readers of the blog. 

The past year has brought several pivotal changes and rulings in Spain’s legal framework, reflecting a broader trend towards enhancing transparency, fairness, and protection for individuals and consumers. Below is a simplified overview of these developments, aimed at making complex legal topics more accessible and understandable for everyone.

Taxation on Delay Interest

The Spanish Supreme Court made a landmark decision that now classifies interest received for undue payments as capital gains, subject to Personal Income Tax (IRPF). This marks a shift towards a more equitable tax practice, emphasizing the compensatory nature of these interests for errors in payment.

Value Verification in Taxes

Authorities must now provide a reasoned justification when initiating value verification procedures, according to the Supreme Court. This ruling protects taxpayers by ensuring that their self-assessments are considered accurate unless convincingly disputed, thus preventing arbitrary decisions from tax officials.

Usurious Interests and Revolving Cards

The debate over high interest rates on revolving credit card contracts led to a Supreme Court ruling establishing a clear limit: interest rates exceeding the market average by more than 6 percentage points are considered “usurious.” This measure aims to safeguard consumers and financial entities by introducing a quantitative threshold for usury.

Civil Liability in Vehicle Insurance

A significant Supreme Court ruling confirmed that insurers cannot exclude liability for the insured’s intentional acts, especially regarding road safety offenses. This extension of protection ensures victims can receive compensation beyond the obligatory insurance limits, enhancing the protection of third-party rights.

Premarital Agreements and Their Impact

The Supreme Court has upheld the effectiveness of premarital agreements that exclude economic claims in divorce cases. This decision highlights the importance of spousal autonomy, allowing couples to limit property rights through agreements made knowingly and voluntarily.

Abusive Clauses in Mortgages

In a move to protect consumers, the Court of Justice of the European Union (CJEU) has supported compensation claims exceeding the paid amounts in cases of mortgages annulled due to abusive clauses. This ensures fair compensation for consumers and restricts credit institutions from demanding excessive repayments.

Legal Costs and Abusive Clauses

The CJEU has stated that imposing legal costs on consumers may be acceptable under specific circumstances, such as not seeking prior engagement with the professional before contesting an abusive clause in court. Nevertheless, this principle is subject to exceptions, particularly if bad faith on the professional’s part can be proven.

Loan Regulation and Consumer Protection

Addressing loan regulations and consumer protection, both the Supreme Court and the CJEU have issued judgments to protect consumers against unfair practices. Their decisions have focused on ensuring transparency and fairness in contractual relations, protecting consumers from deceptive or disadvantageous conditions.

Contact Us

If the recent legal updates from 2023 have raised questions or concerns for you, remember that you’re not alone in navigating the complexities of Spanish law. Costaluz Lawyers specializes in offering clear, professional advice and support across a range of legal areas.

Whether you’re dealing with property matters, immigration consumer rights, or any other legal challenges, our team is here to help. With extensive experience and a commitment to our clients, we ensure you’re well-equipped to handle your legal needs effectively.

Don’t wait to seek the guidance you need. Contact Costaluz Lawyers today for a consultation, and let us support you through your legal journey with confidence and clarity.

Learn more about our services and how we can assist you.

Scroll to Top