Judge Maria Virginia Bertoldi From Fourcade
April 9, 2012 | 
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The House Family-Integrated 1 st Nominated by judges Mary Virginia Bertoldi of Fourcade, Rodolfo Grosso and Maria de los Angeles-Saiz Bonzano upheld the appeal filed by H. S. in relation to the judgment of the Court in Civil, Commercial, Family Settlement and Rio Segundo, revoking and decreeing the divorce of C. A. and the appellant based on the grounds of Article 214, paragraph 2, Civil Code (CC).
In turn, the lower court granted the application of personal separation, proceeded to his conversion and said divorce of the spouses.
The plaintiff had filed for divorce linking against her husband on the grounds of serious injuries, the rectified and asked staff for causal separation objective.
The Height outlined that the appellant, centrally, questioned the assessment of costs and the argument for which was granted a divorce by objective causal.
However, the court said that while H. S. clarified that the decision responded, in essence, to the claims, this did not consider that the fundamentals were wrong judgment.
Thus warned that failure to review noticed that is ostensibly be impertinent to invoke the “conversion” of the legal separation to decree the divorce and stressed that the provisions of Article 238 CC governing the institution are beyond the factual and legal the cause.
Legal Requirements.
“You can not ‘convert’ in a sentence of divorce legal separation never delivered, bypassing the other legal requirements that make the conversion from,” noted the House, stating that the use of the word non-technical, which is common in pleadings, the judge can not bear to confuse the modification of the action (staff separation divorce or the reverse) or mutation of the grounds invoked (from subjective to objective or vice versa), with the institute of “conversion “prescribed by the code system in place.
Furthermore, Alzada noted that no warrant had no other speculation that the resolution in question. In that vein, recorded that there was stated that Article 214, paragraph 2 of the separation decree allows staff at the request of either spouse when they have discontinued their cohabitation without the will to unite for a term exceeding two years, noting that it is are clearly different than anticipated by the text of the cited standard that governs the objective grounds for divorce.
On the other hand, said that also was wrong when he praised “the recognition of the facts by the defendant husband as a circumstance sufficient to establish de facto separation has led to claims that while they agreed on the separation, even though it may appear as proceedings, it would be but a trial separation, or divorce by mutual consent, because the requirements are set out in Article 204 “.
Reasoning error.
In this regard, the appellate judges explained that the error of such reasoning was that it disregarded the judge that the current system does not support the separation or divorce uncaused, ie, by mutual consent. “This is so beyond that doctrine holds that this possibility should be accepted by the legislature in the future,” acotaron, stating that for a successful separation or the divorce must be accredited by their casual objective factual circumstances, compounds by objective and subjective elements.
“That the law admits that these are demonstrated by the search or the acknowledgment of the facts by the defendant does not dissolve the character of ‘dispute’ the procedure, does not make a ‘joint submission’ by Article 236 of the CC or divorce “by mutual consent,” the judges added.
The court also found that the theories outlined in the judgment regarding the nature of the separation or divorce for cause and its effects objectively neutral as to the guilt of the spouses had no proper connection with the way that eventually locked the suit was understood.
Founding partner of Aba and Family Law Attorney Given the fact
It happened in 2009 when an employee decided to buy Travel Marsans, as he had done for 20 years, the Christmas lottery company for his family, consisting of his wife and 2 children.
It was a different Christmas, your ticket was graced with 300,000 euros.
Marsans The employee decides to bring his mother from Peru to collect the money, and in January 2010 he opened a bank account in your name, ranking it as authorized.
He raises the divorce to his wife and says that the lottery money forget it is a gift he made ??to his mother.
“That way, the wife was out of the distribution of prize-says Ana Clara Bel, founding partner of Aba and Family Law Lawyers. Given these facts, and as part of the legal process of divorce, the wife decides to request that the award is included as an active part of the conjugal partnership of marriage, as the matrimonial home, furnishings, several vehicles, contributions to the plan pension, the balance of current accounts and financial products. “
Finally, Ana Clara Bel says it has been demonstrated, based on the civil code and consistently held that the award should be integrated into society Dower, despite the ex-husband insisted it was a gift for his mother while the children and ex-wife reminded him that for 20 years if the lottery was for the family.
“If it was a gift to his mother he should have consulted with his then wife to be a very substantial amount,” said the lawyer.
Posted in Family Law and Divorce | 
Tags: company for his family, Family Law Attorney, lawyer | 
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Civil Law Applicable During the Presidency of Sarmiento
The Civil Code, enacted during the presidency of Sarmiento, is a monument legal rules us since 1871. Society and law have changed since then. Although it has various modifications and additional laws, which have been updated, partial reforms conspire against the unity of the whole. A code is not a mere collection of rules, but a systematic and orderly body that governs a particular area of ??law. It is therefore good news that the commission that prepared a draft unification of civil and commercial codes, composed of three of the leading jurists of our country, has completed its work.
Especially, the modernization of family law and inheritance law. In these areas, much more than economic rights, is felt over time and need to adapt the policy solutions to current reality. For example, to allow more flexibility to support the conventions marriage, divorce streamline processes or increase the portion available for testing. It is also essential to promote transparency, speed and security of adoptions.
The draft should be made widely available to gather input from experts and society, which is its target.
Given the enormous importance of the issue, Congress will find the golden mean, avoiding both urgent treatment as the eternal debate in which shipwrecked similar initiatives.
Posted in Family Law and Divorce | Tags: family law, inheritance law, modernization of family law, monument legal | Comments Closed
Lucia Mendez Accused of Fraud
Mexican actress is in trouble with producers of the musical ‘Cabaret Nights, who claim that Mendez breached the contract and stayed with some of the costumes of the work, valued at several thousand dollars.
Although Abraham Mendez Mendez and his brother have tried to keep this legal situation outside the media, has leaked information that the actress would have to return about $ 200,000 if it validates the demand for Mexican producers, Guillermina and Martha Vallejo
The Mendez family lawyer in brief remarks to the Mexican press said it is a strictly confidential customer and that the complaint has no sustainable arguments by the plaintiffs.
Laura Munoz who Describing In Court For Dolls
The government changed on the fly about their administrative links with the former Ciccone intaglio: after denying he was going to print money in the private press, finally this week prompted an official plan to make money there. Simultaneously with this move, the company director, Alejandro Vandenbroele, changed its legal strategy, changed his lawyer, and also again be seen in the house of his ex-wife, Laura Munoz, who described it in the courts as ” figurehead “of Vice President Amado Boudou.
Five minutes before four o’clock, a car stopped at the house of women. The passenger seat down Vandenbroele. He had a gift bag with a pink bow. He was accompanied by a notary.
The manager of the former Ciccone was unconcerned, as if he knew that nobody would see you. It was obvious he wanted to leave recorded the time, and that for at least two months since the scandal became public that is being investigated by the Justice, cut off all contact with his family. Jean, shirt and red shoes, walked to the front of the house where they live Muñoz and three children (two from a previous marriage of her). He found the ring and applauded for someone to respond. Do not flinch at the sight of reporters waiting in the street.
Vandenbroele walked down the sidewalk. He approached the police he was in custody Muñoz mobile and asked if he had seen “someone out.” He waited five minutes.
The appearance of Vandenbroele in the house of his ex-wife agrees with the change of counsel. No longer advocates more Oscar Bareiro. Is that Bareiro was Vandenbroele who accompanied the process of lifting of the bankruptcy of Ciccone and can be charged. Vandenbroele elected Hugo Pinto, a criminal who was defender Fernando de Santibanes, former number one SIDE accused of bribes in the Senate, and two former executives of the company Skanska.
PhD in Law from the University of Jaén
The morning had been a great amenity and there was nothing to imagine the battle of the afternoon. The sympathy shown by Karima Ouald Ali Ahmed Khalifa and his partner had done to earn the hundreds of attending the course on “The Moroccan Family Code and its application in Spain,” which was held on Friday at the Aula Magna of the Faculty of Philosophy of Cadiz. More than forty of those registered had arrived late. They were students of the Faculty of Law of Algeciras, the driver of their bus was caught on the road to Tarifa. By contrast, there was not a student of the Faculty of Jerez.
The course was initiated by Karima, President of the Moroccan Association for the Integration of Immigrants in Malaga and a PhD in Law from the University of Jaén. His presentation was on the Moroccan Family Code. The young researcher has discovered the hair without the Islamic veil, and dress the Western way. He tried to convey to attendees the progress that has led to the 2004 amendment of the Mudawwana in relation to marriage and its legal effect, noting also its contradictions. The intervention led to a healthy debate gave way to lunch.
The afternoon session the Hassan starred Mazouzi, Liaison Judge in the Moroccan Embassy in Madrid, who had to explain the application of the Family Code to Moroccan immigrant women in Spain. However, the problems to express the speaker, who is understood better in Arabic than in Spanish, led to the abandonment of paper and produce a long discussion about a different topic: the suicide of Amina Filali, the 15 year old forced to marry her rapist. His Lordship had a hard time. With great education and a broad smile showed his doubts about the veracity of the information given by the press, but then skidded to confirm, trying to apologize to the family court had admitted the marriage of the child with her rapist to file criminal , who had responsibility for liaison with the family of the girl, who up to five times the judge had come to beg you to authorize the marriage of their daughter embarrassed.
The college intervened courageously to the contradictions of the judge who finally express the reality that it would investigate the incident, expressing disagreement, as the father of four daughters, with the rule that forced this tragic event. The hitherto boring paper had become a heated debate on human rights, international justice and defense of women under age. Ouald Karima Ali suffered, but he seemed satisfied. The course was a success and relief to the poor Amina Filali was noticeable in the air as the judge, stuffed in a black coat, left the room, close and smiling towards the Genoese Park, never to return to Cadiz.
Posted in Family Law and Divorce | Tags: Amina Filali, Karima Ali Ouald, Morocco, Mudawwana, voice | Comments Closed
Family Lawyer Del Plata March Debate About Options For Separation of Assets In the Change
One of the reforms proposed in the draft Civil and Commercial Code is the ability to choose the regime of separate property in a marriage, rather than the properties to be acquired after marriage and the money accumulated for each automatically belong to both spouses, as at present. Some voices warn that this alternative could adversely affect the majority of women, who generally earn less than men for equal work and unlike them, they usually spend the first years of married life with more intensity to raise children in expense of developing your career or job. Other voices believe that eligibility would encourage marriages “to clear the possibility of an economic problem that can now be resolved without compromising the essence or the marriage” and not be detrimental to women because it is intended “a system of compensation.” Página/12 consulted three specialists who analyze the benefits and possible disadvantages of this reform, including in the text that should be discussed at the parliamentary level.
“In general principle, given that most women have fewer properties and earn less than men for equal work, the separation of property regime it is disadvantageous. Especially if there is no way to translate the work involved housework and child care unilateral, and again in most cases falls on women, “said Deputy Marcela Rodríguez, a lawyer specializing in women’s rights . The disadvantages for women, he said, have been highlighted in cases of couples not married and that after decades of living together, going through a separation. “So far, the usual rule is that men have the title of most valuable assets, while women do not take precautions to preserve, despite having done the same or similar contributions for purchase. These events mark a trend to the inequalities, such schemes without some sort of collection that involves preserving equality between men and women, will probably result in a harmful situation for most women, “said Rodriguez, Democracy Boom egalitarian and participatory.
“For women who are an exception to the situation found in the majority and have more resources, it is not the result but, of course, is the lowest number of cases,” said the deputy.
The lawyer Haydee Birgin, president of the Latin American Team Justice and Gender (ALS), also has reservations. “A woman about to marry, if you give a choice, will choose what he wants the husband. It is very difficult for women to have autonomy of choice. And if the husband then left, left with nothing. In general, the early years of marriage are the years of motherhood, and women accumulate less. Consideration should be a variation to differentiate the cases of women like Susana Gimenez of the average woman worker, “said Birgin.
The scribes judicial operators will be involved in setting the elected regime. For that reason, one of the recognized experts who worked on the preliminary draft and does not agree with this reform, and preferred the off the record, stated that the clerks will have to clearly inform the members of the couple, and especially women, the scope of choice. To avoid later surprises.
Instead, the president of the Association of Women Judges of Argentina (AMJA), Susana Medina, has another vision. “From the most authoritative legal, different conferences and even the two most important projects of previous unification, have argued for autonomy within the marital property regime,” he said when asked by this newspaper. Medina is part of the Superior Court of Entre Rios. In his opinion, the draft submitted by the President on Tuesday “seems to be consistent with the suggestions made from the academic community, with a supplementary ganancialidad regime and the regime’s choice of community or separate property earnings, even after marriage, options that encourage, in the opinion of many, the marriage option to clear the possibility of an economic problem that can now be resolved without compromising the essence or the marriage. “
For Medina, this alternative would not be detrimental to women, because the bill provides for a compensation scheme. In Article 441, he said, establishing the possibility of financial compensation for the spouse to whom the divorce produces a manifest imbalance that means a worsening of their situation and which is appropriate because the marriage and its breakup. Medina explained that under Article 442, the court shall set the compensation contemplating-a lack of agreement of the spouses-regulated in the agreement, the net worth of each of the spouses at the beginning and the end of married life, the dedication provided that each spouse to the family and the upbringing and education of children for coexistence and to be provided after the divorce, usually women, the age and health status of spouses and children, the job training and the possibility of access to employment of the spouse seeking financial compensation, the cooperation extended to the commercial, industrial or professional of the other spouse, the attribution of the family home, among others. “So if for example opted for separation of property, and the husband grew very materially at the expense of the mother to be at home raising children, caring for elderly parents and dealing with the economy and household tasks , the judge financially rewarded with these parameters, and that is very good, because merely acknowledging reality. We know that the right is in the books, which claims that life is not written anywhere, and today life demands of legislators and judges make and enforce laws that improve the quality of life of the citizens whom we serve “concluded Medina.
Posted in Family Law and Divorce | Tags: civil reform, code, discussion, groups, in sea of silver, lawyers, marriage, project, property, separation | Comments Closed
Legal Actions Testament Single With Someone Who Owned
A will is the single legal act through which a person has, for after his death, the inheritance of all his property or part thereof. It is the will of the person on how they divide their property when missing without it affecting your life, and is the best option to transfer the assets in an orderly manner to the heirs. It is also a revocable document, simple and affordable cost, which has great importance, since it avoids many problems in the future and provides reassurance for the family and heirs.
What is the Will?
The best way by which a person transfers his assets once it is passed through a will. Besides the financial aspect, the will is a solemn declaration reflects the will of transmission assets to the heirs of the testator. A will is always revocable act and there is no definitive while the testator liveth.
The last will revokes the previous granted, so it can be replaced or modified at any time. On the other hand, is a personal document, do not deliver any record or office and does not prevent the testator to dispose of their assets in life. It is the will of the person on how they divide their assets when missing, but does not affect your life. Anyone who is in full possession of his mental faculties and is over 14 years can make a will.
Where is the Will?
The grants will be more frequent in Spain is the attorney will open.
- Who gives what you should see your ID to the notary, or have to call him to express his will.
- The notary draws up a written will, according to the wishes that have been expressed, and clearly reflects the place, date and time has been granted. Depending on the complexity of the will, the notary may request the deed to the property or more information.
- From these data we proceed to grant, without requiring the attendance of witnesses, except in certain cases (when the testator is blind, if you are unsure or unable to sign, or can not read for himself the will, etc. .).
- No need to make an inventory of assets that has the testator, and not required to say what specific assets are part of each of the heirs. After the death of the testator, is when named in the will have to make an inventory of assets and debts and had come to its distribution.
How much grant Testament?
A will before a notary is not too expensive and specialists in family law do recommend that as there is any property (an apartment, land, property, etc..). This avoids problems because if there is no will, the law determines who should collect the inheritance. A will is a document very cheap if you consider its importance and potential legal difficulty.
Regardless of the assets of the testator, a will costs about 40 euros, even if it is longer than normal, the price can rise to 80 euros. After finalization, the document is entered in the Register of Last Wills and Testaments. This register is used to determine the number of wills made by a person and with which notaries have been made.
¿Testament On Line?
In recent years, new technologies and the Internet offer the possibility of making a will online. With a computer and from home, law and Roji Attorneys offer professional advice from a licensed attorney who oversees the process of drafting a will. It costs about 99 euros and includes the notary service.
Once drafted, and depending on the schedules available to the testator, these offices are responsible for booking day and time to the nearest notary client’s home, where the will is ready to sign with the same guarantees as standard will .
In Roji Malaga Lawyers try criminal matters, labor, commercial, family (separation, divorce, custody), related to inheritance and wills relating to property or building, and related consumer and banking, especially in protecting consumer rights and mortgages. We provide a nationwide service although our headquarters are located in Malaga and we have offices in Torremolinos, Marbella, Fuengirola, Antequera and Velez-Malaga.
The Supreme Court Condemns Euro 8000 Neighbor To Pay For A Family With Noise
The civil court of the Supreme Court has sentenced a neighbor to pay 8,000 euros to a family living in the apartment above yours for the noise caused by the daughters for years to play the piano and they consider that exceeded legal limits in the law.
Thus, the Board resolves the appeal brought by neighbors against the judgment of the eighth section of the High Court of Valencia that absolved the family that owns the piano in the lawsuit for illegal interference in the privacy of the person and family complainants against the decision of the district court, which had given them reason and had issued a sentence consisting of that either stop playing the piano or insonorizaran housing.
However, the Board has raised upwards the amount of compensation payable to the affected family, which set at 2,000 euros for each of the four members, and considers that the holder of the occupation of the dwelling of the defendants, although not the father of the children who played the piano, you must also deal with the sentence.
The affected family filed the lawsuit in May 2007. The district court found in their favor in part and ordered the owners of the piano for a trespass, damaging and harmful that it infringed their right to personal privacy in the home environment.
However, the Court reversed that judgment holding that the resulting noise did not exceed what is tolerable in ordinary living, and therefore were not disturbing the right to enjoy their homes, despite the existence of an expert report which determined that the noise was higher than legally allowed, report it had been criticized by another expert.
However, the District Court held that, with this second report, introduced a question that should harm the plaintiff. Now, the TS gives reason to the applicant to consider family had provided sufficient evidence to establish the facts while the other party only provided a critique of the report.
Posted in Family Law and Divorce | Tags: Attorneys, attorneys torremolinos, Communities Homeowners Association, Lawyers Antequera, lawyers malaga, Marbella lawyers | Comments Closed
Legal services Social and Psychological Care of Women and Children
The council delegate for Children and Women, Marta Gonzalez, has submitted to the Local Government awards new three essential services that are offered from the Department: Legal Care services for women in Madrid, Women’s Social Care to provide information , care and counseling to victims in the process of social restructuring and staff, and Psychological Care of Minors victims of gender violence in the family and child bullying.
Contracts have been awarded amounting to € 73,972.76, with a deadline of one year. These services, which has centralized the Department of Children and Women, fall under the collaboration agreement between the City of Alcorcón and the Ministry of Social Affairs of the Community of Madrid on Gender Violence.
“With the implementation of the centralization of legal care, social and psychological assistance to women and children victims of gender violence in the new premises, we hope that from now the Department of Children and Women to meet any demand that women the municipality needed in the legal, psychological or social assistance, as well as children who are in such delicate situations such as domestic violence and school bullying, “said Councilwoman Martha Gonzalez.
“This is the first step to optimizing aid to the world of women, culminating in the action protocol in collaboration with the Department of Safety, courts and social and health area in which we work”, was completed the mayor of Children and Women.