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Mallorca - Domizil
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last update: 1/2008
The Spanish Acquisition System
Spanish Law - unlike the German Law - does not distinguish between the types of acquisition of ownership with regard to mobile or immobile objects. The acquisition procedure for both is the same. One needs to liberate oneself from German Law when coming to a verdict in the case situation. The Spanish Law makes no difference between an obligatory law contract and a real contract (Conveyance). The Spanish Law is based on the principles of "Título" and "Modo". This is to say that the reason, transfer or dissolution of real rights depend on the one hand - on presence of obligatory law contract (the "título"), and on the other - the handing over of the object. (the "modo"). This means that the property title deed forms the legal title. In fulfilment of the legal title, ownership is acquired through handing over of the object (or the keys thereof) or through an actual disposition grant.

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