RCM Legal
RCM Legal

Civil Law

Comprehensive legal assistance for individuals and businesses in civil matters that demand technical judgement and absolute discretion — from contractual planning to courtroom defence.

OUR SERVICES

CONTRACTS

01

Sale and purchase

Private sale and purchase agreements for movable and immovable assets.

02

Leases

Residential, commercial, industrial leases and rural tenancies.

03

Loans and acknowledgements

Loans between individuals, formal debt acknowledgements and personal guarantees.

04

Services and works

Service provision, construction works and mixed contractual arrangements.

05

Mandate and agency

Powers of attorney, management of third-party affairs and revocations.

06

Gifts and gratuitous transfers

Inter vivos and mortis causa gifts and non-alienation pacts.

LITIGATION

01

Family law

Contested and consensual divorces, custody, maintenance, modification of measures and settlement agreements.

02

Succession and inheritance

Estate planning, wills, partition and conflicts between co-heirs.

03

Civil liability and damages

Claims for accidents, professional negligence and patrimonial damage.

04

Banking claims

Floor clauses, IRPH, multi-currency loans, structured products and mortgage enforcement defence.

05

Insolvency proceedings

Pre-insolvency advisory and full insolvency proceedings for individuals and companies.

06

Second chance law

Debt discharge for over-indebted individuals and the self-employed.

FREQUENTLY ASKED

01
How does Spain's second chance law work?
The second chance law allows insolvent individuals — entrepreneurs and private persons — to obtain a discharge of unpaid liabilities when they can no longer meet their debts. The procedure is brought before the Commercial Court and requires formal conditions: good-faith conduct, a prior attempt at an out-of-court payment agreement and, in many cases, liquidation of the debtor's assets. The 2022 reform substantially broadened the scope of the discharge, including limited public debt. Properly handled, it offers a real way out for individuals and the self-employed facing over-indebtedness.
02
What is the "legítima" and how does it affect a Spanish inheritance?
The legítima is the share of the estate that Spanish law mandatorily reserves for certain heirs — primarily descendants, ascendants and the surviving spouse — limiting the testator's freedom to dispose of their assets. Under common Civil Code rules it amounts to two thirds of the estate for descendants (one third as strict legítima, one third as improvement). Regional rules vary substantially — Catalonia, the Basque Country or the Balearic Islands operate different systems. Early estate planning allows the orderly transmission of assets within the legal limits while minimising future conflict.
03
How do I reclaim a floor clause or IRPH from my bank?
The claim begins with an out-of-court request to the bank that marketed the mortgage loan, providing the deed and a detailed calculation of the amounts overpaid because of the clause. If the bank fails to respond within the statutory term or replies insufficiently, court proceedings follow. The case-law of the Spanish Supreme Court and the EU Court of Justice has established consumer-friendly criteria where lack of transparency is proven, with full refund of amounts unduly charged from the signing of the loan — except where the matter has already been litigated or expressly waived.
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