ibiza Lawyers

There are many, and very varied, consequences derived from the declaration of the State of Alarm and the subsequent crisis caused by the COVID-19. In Ibiza Lawyers we are at your full disposal to help you in any of them. You can click on the following topics for more information, and contact us at info@ibizalawyers.com

Business premises and company rentals, etc.

The closure of the majority of businesses, as well as restaurants, bars, leisure venues, etc. has had very serious consequences, especially in the Balearic Islands. In cases where there is a lease contract the consequences are even more visible, both for the lessor (difficulty in collecting rent) and the lessee (difficulty in paying rent). At Ibiza Lawyers we offer personalized advice, paying attention to all the circumstances of the case, we study the possible application of force majeure to negotiate the amount and form of payment of the rent, we mediate to find an amicable solution between the parties, and if this is not possible, we defend you before the Courts of Justice with the utmost professionalism and dedication.

Housing rentals

The economic consequences of the coronavirus crisis are causing many tensions in the housing rental market, a market that in recent years in Ibiza has suffered a great increase, both in prices and in demand. Faced with this situation, we defend your interests, both as a landlord and a tenant. We also advise you on applying for government approved grants.

Sales contracts, deposit, purchase options, etc. signed before the declaration of the State of Alarm

There are many contracts signed before the declaration of the State of Alarm, contracts that are affected by the current health crisis. Is it possible to cancel a contract already signed in response to the crisis of Covid-19? is it possible to demand compliance with contracts already signed? what happens with the deadlines for the exercise of a right of option to purchase? All these questions must be analyzed in detail. Our team is a specialist in real estate law issues, with over 35 years of experience, so your case will be treated with the utmost professionalism and efficiency.

Sanctions for Breaking Confinement

The Royal Decree approving the State of Alarm establishes a general prohibition of circulation except in a series of assessed cases. In the event of non-compliance, it provides for the imposition of the penalties laid down in the Public Safety Act (commonly known as the Gag Law). These measures have been adopted to ensure the safety of all persons. However, the end does not justify the means, and much less in a state of law. The actions of law enforcement officials remain subject to the principle of legality, and sanctions to the principle of criminality. Moreover, Royal Decree 463/2020 itself, which declares the state of alarm due to the Coronavirus, could even be contrary to the Organic Law 4/1981, which regulates the states of alarm, exception and siege. According to this rule, which is a superior law than the Royal Decree, in the states of alarm the circulation or permanence of people or vehicles can be limited at certain times and places, or conditioned to the fulfilment of certain requirements. However, under the Royal Decree currently in force, the limitation on circulation is not limited to certain times and places, but applies to the entire national territory, and at all times, which raises serious doubts about its legality.
Likewise, when imposing sanctions, it is necessary to analyze on a case-by-case basis whether the principles of proportionality, the nature of the offences, the prohibition of arbitrariness, etc. have been correctly applied or whether the circulation in question within the confinement was justified.
At Ibiza Lawyers we appeal to the responsibility of people to stay at home and respect the measures of confinement and quarantine. Respecting the confinement is necessary for the safety of all. However, there are situations in which the authorities have imposed sanctions contrary to the law. In these cases we defend you, whether at the stage of allegations, administrative appeals and/or before the Courts of Justice, courts that will have the last word due to the chaos caused by the divergence of criteria applied by the authorities and regulatory uncertainty.

Crimes arising from confinement: disobedience to authority, assault, crimes against public health, etc.

The most serious consequences of breaching confinement may be of a criminal nature. Specifically, we are referring to three behaviors typified by the Criminal Code: a) Resistance to authority or its agents, always understood as serious resistance (if it were slight, it would remain an administrative infraction). In some of the cases, public agents may consider it to be aggression, violence or intimidation, which would raise the criminal category to assault; (b) Serious disobedience to authority, its agents or cooperating private security personnel; (c) Lack of respect and due consideration for authority. The Criminal Code classifies this conduct as a minor offence. Disrespect and disregard for authority, when they are exercising their functions, is punishable by a fine of one to three months.
All these cases must be duly prosecuted before the courts of justice, in a procedure in which all the rights of the person under investigation must be respected and guaranteed, and it is therefore essential to have a legal defense of the utmost confidence.

Bankrupcy proceeding, bad debt, etc.

The consequences derived from the closure of establishments, businesses, loss of work, difficulties experienced by the self-employed, etc. may result in the unfeasibility of a company, or the impossibility of meeting all debts, both in the case of individuals and companies. In these cases, it is advisable, and in some cases, mandatory, to initiate bankruptcy proceedings. At Ibiza Lawyers we advise you, both prior to the application (preparation of documentation, analysis of assets, viability), and throughout the whole insolvency procedure, either until the signing of the insolvency agreement, or until the liquidation of the company, always defending the interests of our clients with the utmost professionalism.
On the other hand, the economic crisis derived from the coronavirus can lead, among other consequences, to the non-payment of debts. From our office we advise you by means of the extrajudicial claim, and if it is necessary, by means of the Courts of Justice, with claim of the interests and of all legal fees.

Custody of minors, separations, etc

The situation derived from Covid-19 is causing serious consequences in those families that are separated and have children in common. Balancing, on the one hand, the right of children to be attended to and cared for by both parents and a certain normalization of family relations and, on the other hand, contemplating the right to health and the prevention of transmission of the virus, is a real challenge. Strict compliance with the regulatory agreement on separation or divorce, or, where appropriate, provisional measures, can be extremely complicated. In these situations we offer you, from the experience and professionalism of our firm, comprehensive legal advice, in order to adapt to the current situation, but in which your rights are always respected.

Covid-19 Newsletter