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Legal dispute on the the Costa Blanca - What you should know

Legal dispute on the Costa Blanca: What residents should know

From neighbourhood conflicts to dismissal - this is how how the Spanish legal system works, where the differences lie compared to other countries and why the path to court is often different than expected.

Sometimes a conversation is no longer enough - then lawyers and courts take over. Anyone who gets into a legal dispute as a resident on the Costa Blanca quickly realises that Spanish law follows its own rules. Not only is the language different, but the procedures, roles and formalities also differ significantly from the systems of many countries of origin. Knowing these differences will save you time, money and nerves in an emergency.

Civil law - contracts, neighbours and real estate
Whether it's a dispute over rent, trouble with a neighbour or problems when buying a property - many civil law disputes end up before the „Juzgados de Primera Instancia“ in cities such as Alicante, Dénia or Benidorm.

A significant difference to many other European procedures: In Spain, you not only need a lawyer (abogado), but also a procurador. The procurador is the official representative to the court and is indispensable for the conduct of the proceedings.

Labour law - short deadlines, clear processes
In Spain, notices of termination must be justified and correctly documented. An attempt at mediation at the CMAC (Centro de Mediación, Arbitraje y Conciliación) is mandatory before legal proceedings. If this fails, the „Juzgado de lo Social“ decides.
The deadlines are tight: there are only 20 working days from receipt of the notice of termination to file a complaint. Unlawful dismissals can result in severance payments of 20 to 33 days' salary per year of employment.

Formalities that are often underestimated
- Have contracts checked - pay particular attention to questionable clauses in rental or property contracts.
- Secure evidence - emails, photos, receipts and screenshots can be crucial.

- Seek legal advice early on - preferably from law firms with experience in Spanish and international law.
- Plan for translation and ancillary costs - these are often in addition to court and lawyer's fees.

Mediation - an alternative to litigation
Not every dispute has to end up in court. Mediation and arbitration services are well established on the Costa Blanca - especially for neighbourly or business disputes. They are often quicker, cheaper and less stressful than lengthy court proceedings.
Having rights is one thing - getting them in Spain is often a question of good preparation. If you know the legal system, seek advice early on and prepare all documents properly, you can avoid many pitfalls. And sometimes you can even avoid going to court altogether.

Important to know

▶ The language of the court is exclusively Spanish - whoever speaks the language
not have a good command of the language must arrange for a sworn interpreter themselves.
▶ Cost risk: whoever loses pays
usually also the lawyer's and
Legal costs of the opposing party.