Lawyers specialising in civil law in Spain
Civil law governs legal relationships between private individuals, ranging from the legal capacity of individuals and family ties to the regulation of contracts, rights in rem, succession and obligations. It provides the framework within which everyday transactions and complex property-related operations take place, determining how rights over property are acquired, transferred, modified or terminated, and how liability arises for breaches of contract or tort.
Individuals and businesses turn to civil law when they need to formalise agreements with legal safeguards, resolve disputes over the ownership or possession of property, settle inheritances, resolve family matters, or seek redress for damages or breaches that affect their assets or personal interests.
At BGI LAW, we provide advice across all areas of civil law. We draft contracts tailored to each transaction, assist with property negotiations, handle probate proceedings, resolve property disputes and represent clients in claims arising from breach of contract or civil liability. Each matter is handled through a thorough analysis of the applicable legislation, relevant case law and the specific circumstances of the individual case.
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Our experience in civil law
With offices in Marbella, Madrid and Vigo, and over three decades of professional experience, BGI LAW offers extensive expertise in handling a wide range of civil matters. We handle property sales, tenancies, complex inheritance cases, claims for payment and litigation relating to rights in rem, easements and property disputes.
We advise both private individuals and organisations, including international clients with financial interests in Spain. Our work combines a thorough understanding of the Civil Code and regional legislation with strong negotiation skills and extensive experience in litigation before courts of first instance and provincial courts.
Services included in the field of civil law
Law of Obligations and Contracts
Real rights and property
Family law
Services included in the field of civil law
Estate and Inheritance Matters
Inheritance law
- Estate planning and wills.
- Partition of an estate.
- Contesting wills and statutory shares.
Civil liability
- Non-contractual damages.
- Liability for defective products.
- Professional negligence
Leases
- Residential and commercial tenancies.
- Evictions for non-payment.
- Rent updates and renewals.
Capacidad donaciones y derechos reales
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Legal capacity and incapacity
- Procedures for changes in workforce numbers.
- Guardianships and trusteeships.
- Autorizaciones judiciales para actos patrimoniales.
Donations and gifts
- Formalisation of outright and conditional gifts.
- Revocation on the grounds of ingratitude or breach of contract.
- Comparison and reduction of donations.
Rights in rem
- Adverse possession, actions for recovery of property, easements and property disputes.
- Inscripción y defensa de derechos reales.
Protection of people and property
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Security interests and personal guarantees
- Registration of mortgages and pledges
- Civil sureties and guarantees
- Enforcement of security interests
Limitation periods and expiry dates
- Analysis of applicable limitation periods
- Interruption and suspension of time limits
- A defence based on acquisitive or extinctive prescription
Voluntary jurisdiction
- Non-contentious procedures
- Judicial orders and authorisations
- Non-contentious proceedings
Work methodology
1. Analysis of the legal situation
Review of documentation, title deeds, current contracts and relevant background information relating to the case.
2. Identifying options
Identification of available options: negotiation, settlement, legal action or notarial proceedings, as appropriate.
3. Action strategy
Drafting documents, bringing legal proceedings or formalising agreements with the necessary safeguards.
4. Implementation and closure
Monitoring until registration, enforcement of judgements or effective fulfilment of agreed obligations.
Frequently Asked Questions about Civil Law
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Is it compulsory to make a will?
No. If there is no will, the estate is settled in accordance with the law through the intestate succession procedure. However, drawing up a will allows you to plan the distribution of your estate and avoid disputes amongst your heirs.
What should I do if the seller fails to hand over the property I have bought?
Depending on the terms of the contract, legal action may be taken to enforce the sale or to seek its termination, with a refund of the purchase price and compensation for damages. Any claims arising from the deposit agreement, if one exists, may also be pursued.
How long do I have to claim a debt?
The limitation period depends on the type of obligation. Generally speaking, personal claims are subject to a limitation period of five years, whilst claims arising from non-contractual liability are subject to a limitation period of one year from the date on which the damage and the party liable for it become known. In some cases, other limitation periods set out in civil law may apply.
Can I change the matrimonial property regime?
Yes. It may be amended by means of a notarised deed at any time, and becomes effective against third parties once it has been registered with the Civil Registry, in accordance with the Civil Code or the applicable regional civil law.
How is an inheritance divided without a will?
Intestate succession applies, with the estate being distributed amongst the relatives in accordance with the order of succession laid down by law (descendants, ascendants, surviving spouse, collateral relatives and, lastly, the State).
What can I do if my tenant doesn’t pay the rent?
Eviction proceedings may be initiated on the grounds of non-payment, following a formal notice, seeking the return of the property and the rent owed.
What happens if two people claim ownership of the same property?
In such cases, actions may be brought to establish ownership, to reclaim property, or to demarcate and mark boundaries, depending on the nature of the dispute and the documentation available.
What is non-contractual civil liability?
This refers to the obligation to compensate third parties for damage caused to them in the absence of a prior contractual relationship, such as road traffic accidents, falls, damage to property or professional negligence.
What documents are required to initiate probate proceedings?
A death certificate, a certificate of last will and testament, a will (if any), proof of the heirs’ identity and documentation of the deceased’s estate are generally required.
Can you pursue an unpaid invoice without a solicitor?
In small claims cases, the order for payment procedure may be used without the initial need for a solicitor, but if the debtor lodges an objection or if the matter requires litigation, professional representation is required.
Contact form
Civil matters have a direct impact on one’s assets and most important personal relationships. A proper legal analysis helps to prevent disputes and protect interests in the long term.
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