Attorneys offer you the best option to solve your day-to-day legal problems related to your family. Our family law attorneys offer you a solution from start to finish. Specifically, about your family, we help you in all these matters:
LEGAL ADVICE AREAS
Attorneys & lawyers advise you legally on:
• Marriage: matrimonial economic regime, marriage capitulations; Separation and divorce, regulatory agreement. Non-payment of pensions. Ecclesiastical nullity.
• Large family: taxation of the matrimonial economic regime.
• Dissolution: business activities and operations between spouses.
• De facto couples: municipal registers and de facto unions, economic arrangement of the couple, possibility of obtaining public pensions (widowhood).
• Breakdown of the couple: economic liquidation, death: economic rights of the survivor.
• Testament and inheritance: modalities of will; Steps to follow after a death; Partition of inheritance; Disinheritance; Legitimized.
• Taxation of inheritance: obligated to pay, reductions and bonuses, usufructs and real rights; Settlement, payment and postponement of the tax.
• Criminal proceedings and minor offenses that affect the insured either as a complainant / private accuser / complainant, or as imputed, in criminal matters derived from family relationships.
• Requests submitted to the various public administrations, procedure, requirements, deadlines, etc. In administrative matters arising from family relations.
• Tax matters related to the taxation and taxation of the family unit.
We start from the base that when we are required by the Agents of the authority to submit ourselves to a breath control we must take into account the following aspects:
We must cooperate at all times with the directives of the Agents, and voluntarily comply with the practice of the test of the ethylometer since otherwise if we refuse, the Authority can make a certificate that would transfer to judicial units, and we would be directly charged with a crime of Disobedience of article 383 of the Penal Code punishable with imprisonment from 6 months to 1 year and deprivation of the right to drive motor vehicles and mopeds for a time exceeding one and up to four years. And we could also be charged with an offense against the traffic safety of article 379.
If, after the expired air test, the BAC exceeded 0.6 milligrams per liter, we could immobilize the vehicle and take it to the warehouse and the Agent would inform us that a judicial summons will come to us either for a speedy trial or a good trial Statement as being investigated for an alleged crime against the traffic safety envisaged and punished in article 379.2 Penal Code punished with the aforementioned penalties. It could also lead to the arrest of the driver and take him to police departments to make a statement, and whether or not he declares, he would later go to court.
In order to be able to remove the vehicle from the deposit, it is necessary to pay the fee in advance and to be paid by the owner of the vehicle.
Sometimes the Authority allows us to try to locate someone in our environment who can take charge of driving our vehicle and thus avoid the expense that entails the transfer to the warehouse.
It should be borne in mind that, in the event of an accident involving alcohol, our insurance company would, in principle, pay the injured party the relevant compensation for personal and material damages, and then repeat it against the insured because alcoholism is considered as a coverage exclusion clause .
The term established for the prosecution of this type of crimes against traffic safety is the one that marks the prescription of the crime, being 5 years, under the provisions of article 131 of our Penal Code.
One of the rights that protects us from the legal system before a BAC is to request a blood test to test the BAC after the expired air test. In this sense the applicant will have to previously pay a deposit that involves the practice of this test, so that if the result continues to be positive we would lose the deposit, but if it turns out to be negative we would have to return it and we could not be sanctioned.
The request for this test is recommended in those cases in which we are aware that the BAC is positive because of the intake of some medication and we are certain that with the blood test it could be misleading that we have not ingested alcohol.
Sometimes it happens that after completing the blood alcohol test the Agent of the authority notifies us an administrative sanction and a subpoena either to declare as well investigated to assist in the conclusion of a speedy trial for an alleged crime against traffic safety .
In this type of assumptions there is a maxim in Law “non bis in idem” which implies that we can not be tried in different ways for the same facts , having to argue that the criminal procedure always has priority, reason why we will have to appeal the administrative sanction Bringing either the summons of the Court, or the Judgment to request the archiving of the administrative sanctioning procedure.
If you have any doubts or legal advice, it is best to go to a lawyer who advises us before taking the step,
but there comes a time when his presence is indispensable. In many cases it is not mandatory, but without the assistance of an attorney mistakes can be made for ignorance of the law that can then be expensive.
In a civil case whose amount does not exceed few hundred dollars that can be dispensed with the lawyer and the prosecutor in verbal and court proceedings.
Nor is it indispensable if only urgent measures are to be requested prior to the trial, although whenever the lawyer is used, it must be reported to the court.
In the labor process is not necessary the presence of a lawyer if it is in the first instance in the social court.
In a criminal proceeding, a lawyer must be present, except in the case of misdemeanor offenses.
If it is a contentious-administrative process, it is also possible to dispense with the lawyer if it is in the first instance, although, as in previous cases, if you go to the High Court or the National Court, you will have to have your services.
In any case, remember that you can apply for a lawyer at your local Bar Association if you meet the requirements established by law to host such service.
There are several types of incapacity for work depending on the circumstances of the worker, temporary or temporary work incapacity, and permanent incapacity for work.
Temporary temporary work incapacity
The transient temporary disability (better known by workers as sick leave ) is when the worker is temporarily unable to work and in need of medical care, as a result of an illness or accident not work, or an accident or occupational disease .
During the time that the worker remains in temporary incapacity, the labor contract is suspended, the obligations to work and to remunerate the work cease, and the worker having the right, if he meets the required contribution requirements for each case, to the Health care, and the corresponding financial subsidy, which can be 60% or 75% of the regulatory base, unless an agreement is reached.
This duration, in general, is 365 days, which can be extended in the cases provided for in the regulations for another 180 days, and reaching a maximum of 730 days, if after the 545 calendar days of medical leave, the worker Continues in the need of medical treatment and / or it is advisable to delay the qualification of a permanent disability.
Permanent occupational disability
The permanent incapacity is the situation of the worker who, after having undergone medical treatment, presents severe anatomical or functional reductions, capable of objective determination and predictably definitive that reduce or cancel his work capacity, which can cause the worker a disability in One of the following grades:
Partial Permanent Disability: It is the incapacity of the worker that causes him a reduction of not less than 33% in his normal performance for the profession he exercises, without impeding him to perform the fundamental tasks of said profession.
Regarding the benefit, and provided that the worker meets the requirements for recognition, regardless of the cause that originated, consists of a lump sum compensation equivalent to 24 monthly payments of the corresponding regulatory base, and is charged in a single time. It is compatible with self-employment or self-employment, since its recognition does not extinguish the employment relationship.
Permanent Total Disability for the habitual profession (IPT): It is given when the injuries suffered by the worker, disqualify him from performing the fundamental tasks of his habitual profession, but allows him to devote himself to a different one.
The benefit, if the worker meets the requirements for recognition, consists of a lifetime pension of 55% of the corresponding regulatory base for each case, which can exceptionally be recognized in a lump sum compensation. It is compatible with a job other than the functions of his profession, without losing the pension, and under certain conditions, the pensioner may choose to collect the unemployment benefit before the collection of the permanent disability pension recognized.
Absolute Permanent Disability (IPA): It is the situation that totally disables the worker for any profession or trade. The benefit, if the worker meets the requirements for recognition, consists of a lifetime pension of 100% of the corresponding regulatory base for each case. It does not prevent the performance of the activities, lucrative or not, compatible with the status of the invalid and that do not represent change in their capacity of work for the purpose of revision.
Great Disability (GI): This is the situation of the worker affected by absolute disability, who needs the assistance of another person to perform the most essential acts of daily life, such as washing, eating, washing, going out, etc. The benefit that will be received, if the worker meets the requirements for recognition, is a life pension of 100% of the regulatory base, increased by 50% to remunerate the person who cares for the disabled.
The answer to this frequent query is not, but with nuances, because if smoking while driving is a distraction for the driver or puts at risk road safety, then it could be punished, in any other way, in our country smoking while Is not established as an infraction in the General Regulation of Circulation.
This is a hoax that has been running for social networks for a few months and that ensures that driving and smoking is punished with an economic fine in our country and has had to go through the General Directorate of Traffic itself due to the diffusion that Was catching up.
It is true that there are countries that punish drivers who smoke inside the vehicle when they are minors, making them passive smokers, but this is not the case in here, at least for now.
In the meantime, and as the DGT itself points out in its official channels, do not pay attention to the bulo that says that there has been a recent change in the regulations that sanction all drivers who smoke at the wheel.
The dream of having a home in property has led many families to have to endorse with one of their properties the purchase of a floor with mortgage on the part of their children or grandchildren. This, in addition to posing a risk for those relatives who decide to endorse , may also place a burden on other family members if they die before the end of the term, usually the life of the mortgage.
Before applying as a guarantor the house of parents or grandparents, normally already paid, we must ask ourselves this question What happens if the guarantor of the mortgage passes away? The deceased the guarantor ends the guarantee?
It should be clarified that there are mainly two forms of endorsement : personal guarantee or endorsing with a property owned by the guarantor as a mortgage guarantee.
In both cases, even if the guarantor dies, the guaranty remains valid unless the contrary is expressly stipulated in the document in which the guarantor is constituted. If the heirs accept the inheritance the guarantee will extend to all of them , with their present and future assets.
The Civil Code, in article 1,847 establishes that the obligation of the guarantor is extinguished at the same time as that of the debtor, and for the same reasons as the other obligations. Article 1,156 of the aforementioned Civil Code states that “Obligations are extinguished: for payment or fulfillment, for loss of the due thing, for the forgiveness of the debt, for the confusion of the rights of creditor and debtor, for the compensation , And for novation . ”
From the above, it follows that if the mortgage was not canceled before the death of the guarantor, after the death, the assets and debts would be inherited and among them a house that serves as collateral in a mortgage, that is, the responsibility of the guarantor passes To all his heirs.
In this situation the heirs have three options:
The latter option, accepting the inheritance for the benefit of inventory , is most advisable if we inherit a home that serves as mortgage guarantee, because if the bank executes the guarantee for non-payment of the mortgage , only the inherited property will be answered.