Gutiérrez & Alcaraz are specialized in civil law, in the different fields of this part of the Law, offering previous assistance and litigation assistance with regards to:
- Honorific Rights.
- Contracts.
- Impeachment of Social Agreements
- City renting of: Eviction, claims of rents, contracts.
- Building community actions.
- Money claims of any kind.
- Claims due to road or transport accidents and injuries by car or public transport.
- Execution of foreign sentences at Spanish Courts.
Our Firm offers integral advice on the rights and duties of the family, as well as on paternity, maternity and protection of minors, in their widest context.
We can give to our clients an specialised legal treatment of the crisis of the couple (matrimonial or extra-matrimonial) and in the reorganization of the family life after the break up is coming. By means of designing a legal framework where the rights and duties, personal and patrimonial, are expressed fairly and practised properly. Likewise, legal advice is offered and applied in all types of judicial proceedings arising from these crises.
We work:
- Separation and Divorce by agreement between the Couple.
- Separation and Divorce contentious.
- Legal liquidation of the economic-matrimonial society.
- Modification of initial regulated effects of the separation or divorce
- Legal capacity of filiations
- Succession and InheritanceSeparation and Divorce by agreement between the Couple.
We represent both parts, by presenting the best agreement for them and the children in order to reach a very stabilized situation afterwards.Separation and Divorce contentious.
We represent one of the part of the couple, when it is not possible to reach an agreement and we defend the best interest, economic or of any other kind which needs to be regulated by the Court.Legal liquidation of the economic-matrimonial society.
Legal separation or divorce means also a patrimonial separation. In this sense, it is necessary that the couple breaks up and liquidates the economic-matrimonial regime according to what was united (profits vesting, regime of participation, etc.) or arriving at a compromise of sale or deciding on the common assets and joint possession, and of managing their coexistence.Modification of initial regulated effects of the separation or divorce
Sometimes happens, that the regulated situation initially suffers changes which, if they are substantial, needs the modification of the effects of the separation or the divorce (cancellation or reduction of maintenance because of a new stable union or matrimony; or due to the alteration in the fortunes of one or other of the parts; cancellation or reduction in the maintenance to the children by adult age or economic independence of them; changes of residence and visits regime, etc.)Legal capacity of filiations
In this Chapter of the Family Law, we offer our legal advise about questions with parents relation and other legal problems which arises with:·Persons Incapacitation
·Claims of paternity
·Claim of maintenance
·AdoptionsSuccession and Inheritance
The death of persons raises new legal and patrimonial situations that ought to be restructured according to appropriate legal and tax advice. We are also specialised in this field, have the capacity to obtain and defend the recognition of the inheritance rights of our clients, with full legal effectiveness and with a correct tax plan.
Breaking up, awarding and satisfying the inheritance, in accordance with the last wish of the deceased, by Will, or, if not, through the corresponding declaration of the heirs in case of intestated heritage, the approval and declaration of the inheritance.
We give general law assistance to small business companies, mainly in the acts for constitution, then the daily activity and with the relations with their clients as writing of contract clauses, export, secretariat of administration councils, relations with State and Regional or local Administration… We give them an specialized service to those companies, which mainly of our clients are in relation with shipping business.
Is one of our main activity. Offering our clients a specialised service in the resolution and advice in all those questions arising from navigation, shipping and land transport, in the judicial or extra judicial actions, or simply consultations.
From our based office in Cádiz we can operate all Spanish territory.
We are also helped in our actions by a large net of auxiliary professionals, like technical naval engineers, captains of Merchant Marine, marine surveyors which gives their very best point of view to reach an favourable judicial decision.
We work with regards to:
- Shipping Transport and Charters
- Legal constitution of shipping
- Navigation accidents
- Ports and Merchant Marine
- Maritime responsibility. Security and the Environment.
- Maritime InsuranceShipping Transport and Charters
- Shipping contracts.
- Multimode transport.
- Contracts of maritime towing.
- Passenger shipping contracts.
- Loadings know how. Bills of lading and similar documents.
- International trade and credit documents. Import and export.The ship
- Construction and sale of vessels.
- Entry in the Shipping Register.
- Shipping mortgage.
- Shipping exemptions.
- Shipping liens.
Navigation accidents
- Collisions.
- Maritime salvage.
- Freight claims.Ports and Merchant Marine
- Port legislation. Administrative concessions and authorizations.
- Shipwrecks and discoveries. Historical-cultural patrimonial.
- Disciplinary process
Maritime responsibility. Security and the Environment.
- Owners liability. Limitation of liability.
- Application of SOLAS and MARPOL conventions.
- Application of others international conventions, as STWCMarine Insurance
- Hull and engine insurance claims
- Safety cover, goods and claim for damages for loss of profit.
- Civil liability.
- Fishing cover.
- Protection and indemnity and coverage for liability in the maritime world. P&I Club assistance in the area.
- Shipping Policies interpretation.
- General and particular average.
- Domestic and international arbitration. Recognition and execution of awards and foreign judgments.
We provide a service of advising continued for our clients, companies or individuals on the tributary questions for a correct and benefical application for them of the fiscal regulation, especially in application of the Income tax and Patrimony, local taxes, etc.
Tributary procedure and economic - administrative resources.
Besides our fiscal assistance and advice, in due case, we help our clientes with inspections performances, we act upto obtaining a firm judgment in the administrative via, or through the Economic - administrative Court and, even, up to the maximum instance in the Courts contentious - administrative.
We offer also the legal assistance in the Labour field with the legal problems arising with the relationship between companies and workers.
We offers preventive advice based on anticipating the risk of the client in order to adopt the best strategic decisions with the greatest legal security possible. The principal objective is always to avoid conflicts and minimise responsibility.
We work with the following practice in this legal field:
- Labour relations and collective negotiation
- Labour risks
- ContentiousLabour relations and collective negotiation
Labour relations in the business are characterised by the dual collective and individual aspect. This makes essential the appropriate handling of the state or sector regulation and the labour sociology, that is to say, the analysis and prevention of internal phenomena of action and reaction that each company decision may involve.
Our team of professionals offers preventive advice to companies through a quota system, which aids coordination and creates confidence between the professional and the businessman, or through correct advice on those themes of maximum interest which can be, for example, crisis situations involving redundancy measures.
The negotiation not only refers to crisis situations, but to the regulation of diverse labour aspects in the collective agreement negotiations.
We work to define the respective reserve values; the control of negotiation periods; the selection of negotiators and the application of negotiation techniques that are the most appropriate to the company circumstances, unions and strategies of each case.Labour risks
The Law regulated the Prevention of Occupational Hazards and its later development establishes a new concept of safety in the workplace with an extraordinary economic relevance, both civil and criminal of the eventual business responsibilities in this field make it essential to rely on the advice of specialised and expert professionals.Contentious
Always, our aims is to find a negotiated settlements to the matters which avoids the difficult road of a jurisdiction.
We offer our services, even to Small Business Companies of workers which arise to a conflictive situation.
The knowledge of all above law fields cannot be fully finished without a very well knowledge of the different litigation proceedings. Is the final act of the lawyer, when the settlement of the situation cannot be reached by an amicable solution.
We have a wide and effective practice in the defence of our clients at the different areas of the law and jurisdictions, including the arbitration solution like:
- Business and Civil
- Labour
- Public and Administrative
- Arbitration
- Judicial and Out-of-court Agreements
In an economic reality with a highest presence of Public Administrations (from the local Administration to European Union, passing through the State General Administration and the Regional Administrations) with a very much complex relations with their citizens or companies, we offers a service of advice and specialised legal assistance of the highest quality in that Public Law, taking care with the disputes originated within or in proceedings arising at these or before national or supranational jurisdictions.
The areas of Public Law, between others, in which we work are:
- Contracts with Public Administration
- Consumer Law
- Public Law of Transport: By road or sea.
- Patrimonial Responsibility of Public Administrations
- Public administration sanctioning
- Contentious Administrative Proceedings