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Contracts for leases, rental or property
purchase and in business form part of life in
Spain. And rather worryingly many people
do not regard them as important or in need
of great scrutiny. Many are produced in
English with no regard to the content or
whether there is sufficient legal protection
afforded in the contract.
Contracts are often drafted in English and
signed by the parties. To be correctly drawn
and enforceable in law it should be in
Spanish. It is acceptable for there to be an
English translation within the contract.
However for someone with a Contract in
English they would have to go through the
costly procedure of legalising it by having it
notarised by a notario, apostilled and a
translation in Spanish. This unnecessary
expense can be avoided and may not mean
it will be legal in Spain if the English version
is not correctly drafted under Spanish law.
One problem often encountered with
Contracts drafted in English and Spanish is
that the Spanish does not match the English
translations and in certain circumstances this
is done deliberately knowing that the English
version is the one that will be read. It will be
the Spanish version that will apply in law
should there be a future dispute or claim.
purchase and in business form part of life in
Spain. And rather worryingly many people
do not regard them as important or in need
of great scrutiny. Many are produced in
English with no regard to the content or
whether there is sufficient legal protection
afforded in the contract.
Contracts are often drafted in English and
signed by the parties. To be correctly drawn
and enforceable in law it should be in
Spanish. It is acceptable for there to be an
English translation within the contract.
However for someone with a Contract in
English they would have to go through the
costly procedure of legalising it by having it
notarised by a notario, apostilled and a
translation in Spanish. This unnecessary
expense can be avoided and may not mean
it will be legal in Spain if the English version
is not correctly drafted under Spanish law.
One problem often encountered with
Contracts drafted in English and Spanish is
that the Spanish does not match the English
translations and in certain circumstances this
is done deliberately knowing that the English
version is the one that will be read. It will be
the Spanish version that will apply in law
should there be a future dispute or claim.
| Costa Blanca Lawyers - Plain speaking business purchase advice in English from English Lawyers |
A signature on a contract in Spain means
that the person signing is deemed to
understand the contents. This effectively
means that should a dispute arise you cannot
turn round and say “Well it’s in Spanish – I did
not understand it”. If you did not understand it
you should not have signed it. It is quite
simple and should never be taken lightly.
Drafting of a Contract can be complicated
and it is not uncommon to find that clauses
are not included because the person drafting
the Contract does not have the knowledge
and experience for the task.
Clauses can often be excluded purposely,
leaving one party without recourse on a
particular issue hidden or not disclosed.
Anyone entering in to a Contract of any
description should not accept either what
they are told or an English translation unless
they are totally certain that the person
explaining the content of the Spanish version
is trusted, experienced and independent with
nothing to gain personally from the signing of
the contract.
The content of a Contract is fundamental
and should incorporate relevant terms should
there be a dispute, disagreement or failure to
comply with the terms of Contract. Need Help?
that the person signing is deemed to
understand the contents. This effectively
means that should a dispute arise you cannot
turn round and say “Well it’s in Spanish – I did
not understand it”. If you did not understand it
you should not have signed it. It is quite
simple and should never be taken lightly.
Drafting of a Contract can be complicated
and it is not uncommon to find that clauses
are not included because the person drafting
the Contract does not have the knowledge
and experience for the task.
Clauses can often be excluded purposely,
leaving one party without recourse on a
particular issue hidden or not disclosed.
Anyone entering in to a Contract of any
description should not accept either what
they are told or an English translation unless
they are totally certain that the person
explaining the content of the Spanish version
is trusted, experienced and independent with
nothing to gain personally from the signing of
the contract.
The content of a Contract is fundamental
and should incorporate relevant terms should
there be a dispute, disagreement or failure to
comply with the terms of Contract. Need Help?
If you do not understand a contract do not sign it - ALL contracts should be in Spanish
Firstly do not
believe what you are
told check it out
Secondly do not
believe what you are
told check it out
All contracts should
be in Spanish
Clauses are
important when
entering into a
contract
Make sure you have
protection should
there be a dispute
Don’t accept verbal
information. If it is
relevant it should be
in the Contract
If you are told it does
not matter then it
probably does and
should be written
into the contract
believe what you are
told check it out
Secondly do not
believe what you are
told check it out
All contracts should
be in Spanish
Clauses are
important when
entering into a
contract
Make sure you have
protection should
there be a dispute
Don’t accept verbal
information. If it is
relevant it should be
in the Contract
If you are told it does
not matter then it
probably does and
should be written
into the contract
| NORTH OFFICE ALFAZ DEL PI Tel 966 860 555 Calling From The UK? 3p per minute anytime Tel 08444 257 633 Contact SOUTH OFFICE SAN FULGENCIO Tel 966 727 931 Contact |
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Tel 966 814 506