purchasing a property in spain

  in Spain is different from the rest of European countries as far as legal and registering aspects are concerned. The differences are less accentuated with southern countries (France, Belgium, Italy, etc) than with Anglo-Saxon countries (Great Britain) or Scandinavian countries (Norway, Sweden and Denmark).
 
In the Spanish contractual system, any agreements, clauses and conditions considered to be relevant by the parties can be freely established in the contracts. However, despite the contractual freedom existing in the Spanish legal system, all agreements, clauses and conditions must obligatory comply with some rules and principles. Thus, the contractual freedom is limited by these rules and principles.
 
Purchase and sale contracts are governed by articles 1445 to 1537 of Spain’s Civil Code.  These articles establish the purchase and sale concept, who are entitled to purchase and sell, the obligations of both purchaser and seller and the causes of contract resolution. Some of these articles must obligatory be enforced while other are not obligatory. In this latter case, the parties can freely establish the agreements and clauses of the contract, according to their wish.
 
Purchase and sale contracts can be made either in writing or verbally (article 1278 of Spanish Civil Code). However, it is advisable to make them in writing, particularly if the object of the purchase and sale is a property.
 
Purchase and sale contracts are fully valid between the contracting parties and their heirs, provided that the following requirements are fulfilled:
 
Consent of the contracting parties.
Object of the contract.
Purpose of the contract, where the actions to be performed by the parties are described. Seller: delivery of the object and its detailed description. Purchaser: payment of the price including detailed amount.
 
 
© Gonzalo Blanco 2006
CONTRACT
 
In the City of  Xativa on the …….th  day of …………t in the year two thousand and
 
MEETING
 
Of the first part …………………………., both of legal age, married, of Brithis nationality, with passport numbers ……………. ………………. respectively and residing at C/Lésbarzer 9 en Javea Alicante.
 
And of the second part Gonzalo Blanco Jiménez Spanish solicitor with DNI …………………. resident in Xativa on behave ……………………….., legal age, of British nationality, with passport number ………………. and residing at ……………………………
 

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