Article 396 – Civil Code
The different floors of a building or premises or parts of them susceptible of independent use by having its own exit to a common element or public roads that may be the subject of separate property , which will be inherent right of ownership of the common elements of building, which are all required for proper use and enjoyment , such as the ground , flight, foundations , roofs , and structural elements including columns, beams , floors and load-bearing walls , facades , claddings with terraces balconies and windows, including their image or configuration, the locking elements that shape and exterior coatings , the portal , stairs , goals , corridors , steps, walls, ditches , courtyards , wells and enclosures designed to lift , deposits , accountants, or other telephony services or public facilities , including those as may be used exclusively , the elevators and facilities, pipes and ducts for drainage and water supply , gas or electricity , including solar energy utilization ; the hot water , heating , air conditioning, ventilation or smoke extraction , the detection and prevention of fires , the electronic door and other building security , as well as community antenna and other equipment for audiovisual services telecommunications , all to the entrance of private space , easements , and any other legal material or by their nature or purpose are indivisible .
The parties to joint ownership in any case are not susceptible of division and may only be alienated, encumbered or seized together with the particular unit to which they are attached inseparable .
In case of sale of an apartment or premises , the owners of the other , for this single title , they will have right of first refusal or redemption .
This form of ownership is governed by special laws , in that they permit, by the will of those concerned.
Article 398 – Civil Code
For administration and better enjoyment of the common thing agreements are mandatory for most participants .
Most will not but when the agreement is made ??by the participants to represent as many of the interests that are the subject of the community.
If majority does not lead , or whatever this agreement seriously detrimental to those interested in the commonplace , the judge will provide, on request, as appropriate , including appointing an Administrator .
When part of the thing privately strength belongs to a participant or some of them , and other common regardless , this is applicable only to the above provision .
Article 401 – Civil Code
Notwithstanding the provisions of the preceding article, the co-owners may not require the division of the commonplace , when to do it becomes unfit for it’s intended use .
In the case of a building whose characteristics allow, upon request of any of the villagers, the division may be made by the local allotment of flats or independent , with common elements attached , as provided by Article 396.
Section 1923 – Civil Code
With respect to certain real property and real rights of the debtor, enjoy preference :
Loans to the State , on the property of taxpayers , the value of the last annuity due and unpaid , taxes have repercussions on them .
Credits of insurers , upon the property insured , insurance premiums for two years and , if mutual insurance , for the last two dividends had been distributed.
Mortgage loans and lease agreements , recorded and registered at the Land Registry , on the mortgaged property or that were the subject of the spare.
Preventively credits recorded in the Registry of Property , under court order for seizure, attachment or execution of sentence , on the goods listed , and only as to later credits .
The lease agreements not listed or registered on the properties to which they relate, and only spare over other credits other than those expressed in the four previous issues .
Article 8 – Mortgage Law
Each farm will , since you enroll for the first time , a different number and correlative .
The inscriptions that refer to the same farm numbered and will have another special.
Be entered as a single farm under the same number :
1. The territory , the end of each round or leasehold place in Galicia and Asturias , always recognize one owner direct or several undivided , but is divided into lots or portions given in domain forum useful or if a whole different settlers is comprised within the boundaries of the term.
Be estimated only the direct dominion for the purposes of registration, although there are several which , by way of direct lords , charged pension income or a leasehold or place whenever the volumetric soil is not found divided between them for the same concept .
Two . Every farm, with or without home work , which forms an organic unity , but is constituted by non-adjacent properties , and industrial holdings to form a united body or goods interdependent.
Three . Urban farms and buildings in general , although belonging to different owners in fee or less full .
April . The buildings in the ownership of flats whose construction is completed or at least started (Edited by Law 49/1960 , of July 21 , Horizontal Property ) .
The inscription described with the circumstances prescribed by law, in addition to the property as a whole, its different floors or susceptible local independent use , assigning them a serial number written in words and the participation fee that corresponds to each in connection with the property. In the registration of the land or building shall be recorded together merely projected floors .
It will also include those regulations contained in the title and in the statutes that shape the content and performance of this property.
Registration will perform on behalf of the owner of the property constituting the scheme or owners of each and every one of their flats or premises .
May . The flats or premises of a building in horizontal property regime , provided that previously recorded in the inscription of the property the constitution of the scheme (Established by Act July 21, 1960 , Horizontal Property ) .
Article 107 – Mortgage Law
They may also be mortgaged :
1. The right of usufruct, but being extinguished the mortgage, the conclusion of the same enjoyment for a fact beyond the control of the usufructuary . If concluded by his will, shall continue until the mortgage insured obligation is met , or until the expiration of the time the usufruct would naturally completed by barring the fact that ended .
Two . The mere property, in which case if the usufruct is consolidare with her in the person of the owner, not only subsist the mortgage, but also extend the same enjoyment, as has been agreed otherwise.
Three . Previously mortgaged goods , even if they are with the covenant not to mortgage them back .
April . The right mortgage voluntary but pending which constitutes about it , the resolution of the same right.
May . Surface rights , pastures , water , firewood and other similar real nature .
June . Administrative concessions of mines, railroads canals, bridges and other works for the public service , and the buildings or land not being directly or exclusively devoted to that service , belong to particular domain , while aggregates are subject to those works , pending the mortgage, in the first case , the resolution of the concessionaire’s right .
July . Assets sold under agreements to retro or letter of grace , if the purchaser or his assignee mortgage limits the amount to be solved receive if the sale , giving knowledge of the contract to the seller, so that if goods were retracted canceled before the mortgage, do not return the money without the knowledge of the creditor, not to mediate this legal precept .
August . The conventional emption right , although the creditor can not proceed against the mortgaged property without previously retract on behalf of the debtor at the time it is entitled and anticipating the amount that it may be necessary .
If the seller exercises the right of withdrawal does not remain only the mortgage but it will fall directly on retracted.
9. The goods at issue , whether the origin of litigation lawsuit has scored preventively , or if it is stated in the inscription which the creditor had knowledge of the case , but in either case the mortgage will remain pending resolution of the lawsuit.
10 . The goods subject to express conditions subsequent to the mortgage being resolved extinguished the right of the mortgagor .
11. The flats or premises of a building in horizontal property regime recorded under Article 8 determines (Edited by Law no . 49/1960 , of July 21 , Horizontal Property ) .
Article 394 – Civil Procedure Act
1. In declarative processes , the costs of the first instance will be imposed on the party who has been rejected all claims , unless the court considers , and give reasons so that the case raised serious doubts as to fact or law .
To appreciate , in order to pay the costs , that the case was legally dubious will take into account the case law in similar cases relapse .
Two . If the estimate is partial or dismissing the claims , each party shall pay the costs incurred by your instance and shared by half , unless merits to impose any one of them for having litigated recklessly.
Three . Where, pursuant to the provisions of paragraph 1 of this Article , charges imposed costs to the losing litigant , it is only obliged to pay, in the part corresponding to the lawyers and other professionals are not subject to tariff or tariff, a total amount not exceeding one-third of the amount in dispute , for each of the litigants who have obtained such a pronouncement , these effects alone , priceless claims are valued at three million pesetas , unless , because of the complexity of the matter, the court provides otherwise.
Not apply the provisions of the preceding paragraph if the court declares the temerity of the litigant ordered to pay costs .
When ordered to pay costs of hold the right to legal aid, it shall only be obliged to pay the costs incurred in defense of the opposing party as expressly set out in the Legal Aid Act .
April . In no case shall the costs to the public prosecutor in proceedings to intervene as a party.
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