Notaría en Alcalá de Alcalá de Xivert-Alcossebre

At Rafael Rivas Andrés Notary's Office, our core values are to provide a professional and quality service, tailor-made to our clients' needs.

The involvement of a Notary Public is key in order to avoid imbalance between interested parties and guarantee that, at the time of agreement, they have both received all the free and impartial advice they need to decide whether to enter into the contract, and its corresponding conditions. Thanks to this, both sides come together with proactive attitudes. Everyone using notary services should feel free to ask their notary questions or for explanations and further information, and expect a reply. Carrying out any notarial act before a notary public guarantees legitimacy and security.

The Rafael Rivas Andrés Notary's Office is part of the Notaries' Association of Castellón, whose corporate bodies offer legal information services to law professionals and individuals who want to better understand basic day-to-day negotiations such as the purchase and sale of property, personal loans or mortgages, inheritances and wills. This information is provided via legal publications by the notary's office, but also through other channels such as informative open days for the general public, held at the premises of the Notaries' Association, or publicity campaigns on specific aspects and items of special interest, such as the free choice of notary public or the meaning of a digital signature.

PUBLICATIONS MADE BY NOTARY RAFAEL RIVAS ANDRES

A.- ARTICLES

CIVIL LAW

1.- The song of the coin

Magazine Monday 4,30, 1993, No. 137, pages. 19-20

2.- Exchange of land for future construction: the terms, the discretionary conditions and the resolution of the DGN of 28-II-94; some other issues and a possible model.

Bulletin of the Illustrious Notarial College of Granada, No. 168, 1994, pages 3261-3276

3.- Usufruct, co-sufruct and joint usufruct... Community property?

The Notary, No. 1, 2003, pp. 27-73

Bulletin of the College of Registrars of Spain, No. 105, 2004, pp. 2075-2112

4.- Floral games in the disposition of joint property: Is it possible to make dispositive acts on joint property without touching the ownership? Is it possible to make dispositive acts on the ownership without touching the joint property?

The Notary, No. 22, 2005, pp. 33-47

5.- Issues of ownership and marital regime in property purchases by foreigners in Spain: Is it possible in Spain to set up a Germanic community on property that does not depend on the constitutive title, the marital regime or the civil status? Is the Tontine Pact allowed in Spain?

The Notary, No. 14, 2005, pp. 17-77

6.- The application of the Horizontal Property Law to marinas.

Legal Journal of the Valencian Community, No. 22, 2007, pp. 27-84

7.- Registration in the Civil Registry of agreements for separation of assets authorized by a Spanish Notary (brief legal/telephone notes).

The Notary, No. 49-50, 2008, pp. 53-59

DOCUMENTARY AND NOTARIAL LAW

8.- Should Notaries fill out forms 198?: query formulated by Mr. Rafael Rivas Andrés, Notary of Alcalá de Xivert-Alcossebre (Castellón), to the Tax Inspection of Castellón, to the Higher Council of Notaries, to the Patronal Association of Notaries and to the Notarial College of Valencia

Bulletin of the Illustrious Notarial College of Granada, No. 152, 1993, pp. 2017-2025

9- Some new features in the regulation of the Minutes in the modification of the Notarial Regulation by Royal Decree 45/2007 of January 19.

Magazine Monday 4,30, No. 482, 2010, pp. 17-37

10.- Responses to actions against Notaries.

The Notary, No. 3, 2010, pp. 86-105

11.- A view of the international circulation of Notarial documents from the perspective of Documentary Law. Res 22/2/2012.

Legal Journal of Notaries, No. 81, 2012, pp. 285-482

12.- More arguments why the Notary cannot testify as a witness regarding his deeds.

The Notary, No. 3, 2012, pp. 60-66

13.- Value of the deeds in the municipal capital gains tax (their "strong" and "attenuated" enforceability).

Legal Journal of Notaries, No. 105, 2018, pp. 317-346

14.- Presumption of veracity and evidentiary value of deeds and self-assessments before the Treasury.

Legal Journal of Notaries, No. 111, 2020, pp. 39-118

INTERNATIONAL LAW

15.- Foreign investments in Spain.

The Notary, No. 4, 1993, pp. 29-48

16.- The retention of 5% of the price or consideration in the transfer of real estate by "non-residents": some dubious assumptions.

Bulletin of the Illustrious Notarial College of Granada, No. 200, 1997, pages 2499-2508

17.- Real estate inheritances of English citizens in Spain: The referral back to Spanish law (art. 12.2 of the Civil Code) and the Supreme Court ruling of 21/5/99.

Bulletin of the Illustrious Notarial College of Granada, No. 219, 1999, pages 2979-2980

18.- Application of the legitimate shares of the Spanish Civil Code to English inheritances: advice on how to prepare an English inheritance in Spain in view of the Supreme Court ruling of 23 September 2002.

The Notary, No. 10, 2002, pp. 33-58

Notarius International (Journal of Union Internationale du Notariat Latin), Vol. 8, 1.2/2003.

19.- The form of powers in German law: Comments on the Resolution of April 21, 2003.

The Notary, No. 9, 2004, pp. 37-75

20.- Introductory notes on the reception in Spain of foreign powers not formalized in writingBulletin of the College of Registrars of Spain, No. 113, 2005, pp. 501-509

Notarius International (Journal of Union Internationale du Notariat Latin), Vol. 10, 3.4/2005.

21.- The five requirements that foreign deeds must meet according to the Laws of Voluntary Jurisdiction and International Legal Cooperation.

The Notary of the 21st Century: Magazine of the Notarial Association of Madrid, No. 63, 2015, pp. 180-183

22.- The English notarial will cannot be used in Spain without judicial approval: (a praise to the art of copying)

Legal Journal of Notaries, No. 99, 2016, pp. 333-366

PORT LAW

23.- Maritime-Terrestrial Public Domain, Seashore and Private Property. (Published in collaboration with José María RIVAS ANDRES)

The Notary, No. 4, 1993, pp. 49-75

24.- The only and extraordinary case in Spanish law of private property that borders directly on the sea without any easements or port service area: (again regarding the land reclaimed from the sea within a marina and the difficult anchoring of its private property in the public domain).

Bulletin of the Illustrious Notarial College of Granada, No. 223, 1999, pages 4431-4449

Journal of Urban Planning and Environmental Law, Year No. 35, No. 183, 2001, pp. 81-100

25.- Maritime-terrestrial zone: private property that borders directly with the sea, study: The only and extraordinary case in Spanish law of private property that borders directly with the sea without any intermediate easement or port service zone.

Journal of Urban Planning and Environmental Law, Year No. 35, No. 183, 2001, pp. 81-100

26.- A seriously erroneous doctrine of the General Directorate of Public Works of Valencia (Resolution of 16/1/89) of the Superior Court of Justice of the Valencian Community (STSJV of 13/7/94) and of the Supreme Court (STS of 27/2/02): 1st part.

Magazine Monday 4,30, 2002, No. 324, pages. 23-40

27.- A seriously erroneous doctrine of the General Directorate of Public Works of Valencia (Resolution of 16/1/89) of the Superior Court of Justice of the Valencian Community (STSJV of 13/7/94) and of the Supreme Court (STS of 27/2/02): 2nd part.

Magazine Monday 4,30, 2002, No. 325, pages. 28-59

28.- Legal coastal easements have never been imposed on private property within the Ports, and the coastal service zone can only be imposed by way of retention or by way of expropriation.

The Notary, No. 9, 2002, pp. 38-70

29.- Illegal aspects in the operating regulations, police and tariffs of the marinas under concession in the Valencian Community; especially in the distribution of maintenance costs.

The Notary, No. 3, 2002, pp. 77-100

30.- In ports, neither the coastal law nor its easements apply.

La Ley: Spanish legal journal of doctrine, jurisprudence and bibliography, No. 4, 2007, pp. 1415-1434

31.- The obligation to publish the specific regulations of each port in the official journal.

The Law Newspaper, No. 7091, 2009

32.- Marinas and the new "nautical parking" as a real, legal and administrative right in the reformed Coastal Law

The Law Newspaper, No. 8214, 2013

REGISTRATION RIGHT

33.- Cancellation of non-preferential rights entries.

The Notary, No. 6, 1993, pp. 7-14

34.- The marginal note of the issuance of the certification of charges in the foreclosure procedure: another new charge?

Bulletin of the Illustrious Notarial College of Granada, No. 323, 2000, pages 3055-3063

35.- Can the lack of a NIF prevent the registration of a structure in the property registry?

Magazine Monday 4,30, 2006, No. 423, pages. 28-36

36.- Cases in which the file for the release of charges and liens is appropriate.

Information Bulletin of the Illustrious Notarial College of Granada, No. 290, 2007, pp. 937-977

37.- Foreign deeds on Spanish properties. Reasons for refusing their registration.

The Notary of the 21st Century: magazine of the Notarial Association of Madrid, No. 46, 2012, pp. 50-55

38.- The presentation of the succession title in the property registry according to the doctrine of the DGRN (First part).

Legal Journal of Notaries, No. 86-87, 2013, pp. 311-370

39.- The presentation of the succession title in the property registry according to the doctrine of the DGRN (Second part).

Legal Journal of Notaries, No. 88-89, 2013, p. 469

40.- How to negatively rate the foreign document that is intended to be registered in our records.

Legal Journal of Notaries, No. 85, 2013, pp. 221-266

41.- Blind date between the Spanish Supreme Court and the European Commission. Registration of foreign deeds in our property registry.

The Notary of the 21st Century: Magazine of the Notarial Association of Madrid, No. 48, 2013, pp. 158-161

42.- Private documents relating to ships have never been able to be legally registered.

Legal Journal of Notaries, No. 94, 2015, pp. 75-106

43.- Foreign deeds of ships have never been legally registered. (Maritime Navigation Laws of 24/7/2014 and later).

Legal Journal of Notaries, No. 95-96, 2015, pp. 439-492

44.- CROBECO registry project: trap and historical failure.

The Notary of the 21st Century: Magazine of the Notarial Association of Madrid, No. 59, 2015, pp. 168-170

45.- Is it constitutional that the graphic registry bases be opaque to the citizen?

The Notary of the 21st Century: Magazine of the Notarial Association of Madrid, No. 72, 2017, pp. 180-182

TAX LAW

46.- The tax on documented legal acts and the new "Registry of Movable Property".

Bulletin of the Illustrious Notarial College of Granada, No. 227, 2000, pages 1303-1307

47.- Self-assessment of inheritances and donations in Valencia.

Legal Journal of the Valencian Community, No. 28, 2008, pp. 99-104

48.- The Valencian month of 29 days and the payment of interest and surcharges on non-existent debts.

Legal Journal of the Valencian Community, No. 31, 2009, pp. 21-42

49.- Fiscal, administrative and civil arguments against the taxation of unilateral mortgages as security for debts owed to the AEAT.

Legal Journal of the Valencian Community, No. 38, 2011, pp. 63-115

50.- The constitution of an ordinary mortgage as security for debts with the AEAT is exempt from taxes.

Legal Journal of the Valencian Community, No. 48, 2013, pp. 31-80

51.- The end of the arbitrary taxation of unilateral mortgages in favor of the AEAT.

Legal Journal of the Valencian Community, No. 50, 2014, pp. 63-80

52.- The refund of the transfer tax due to the resolution of the sale (STSCV 17/7/2014).

Legal Journal of the Valencian Community, No. 52, 2014, pp. 5-34

53.- Recognition of ownership: how to oppose its liquidation by transfers (in Spain there has never been 'Auflassung').

Legal Journal of the Valencian Community, No. 54, 2015, pp. 5-46

54.- Is the change in amortization or appraisal of mortgages a taxable event?: The disdain for Don Pedro Calderón de la Barca.

Legal Journal of the Valencian Community, No. 59, 2016, pp. 37-55

55.- Late submission of self-assessment paid on time cannot (should not) generate a penalty.

Legal Journal of the Valencian Community, No. 63, 2017, pp. 65-72

56.- Cadastral ownership as an argument to oppose settlements for recognition of ownership.

Legal Journal of the Valencian Community, No. 64, 2017, pp. 57-76

57.- The transfer of alimony cannot be settled as a life annuity: they are different contracts.

Legal Journal of the Valencian Community, No. 65, 2018, pp. 91-112

58.- Again on the taxation of the transfer of food: comments on the Resolution of the TEAR of Valencia 28/2/19-Rec 12/00771/17.

Legal Journal of the Valencian Community, No. 71, 2019, pp. 5-12

59.- And now who returns the unfairly collected fees for domain recognitions that never existed?

Legal Journal of the Valencian Community, No. 72, 2019, pp. 45-68

60.- Latest developments in the taxation of food contracts

(Supreme Court ruling of 11/11/20 Rec 5171/18)

Tax Letter No. 76, July-2021

Law Journal, 5/10/21

URBAN PLANNING RIGHT

61.- Who owns unlicensed buildings?

Bulletin of the Illustrious Notarial College of Granada, No. 150, 1993, pages 1445-1454

62.- Obtaining a building permit, land segregation permit and horizontal division of buildings permit by administrative silence in the Valencian Community.

Bulletin of the Illustrious Notarial College of Granada, No. 233, 2000, pages 3481-3496

Journal of Urban Planning and Environmental Law, Year No. 36, No. 193, 2002, pp. 41-58

63.- Within ports, the "port space utilization plan" cannot replace the "special urban planning plan": extract from an opinion.

Bulletin of the Illustrious Notarial College of Granada, No. 251, 2002, pages 1679-1713

Journal of Urban Planning and Environmental Law, Year No. 36, No. 196, 2002, pp. 33-70

64.- But can a single-family home really be divided into several dwellings without a license in accordance with the DGRN Resolutions of 18/7/96 and 16/1/02?

Magazine Monday 4,30, 2003, No. 338, pages. 20-38

65.- A suggestion on how to qualify documents that seek the division of a building without a license.

Bulletin of the College of Registrars of Spain, No. 110, 2004, pp. 3673-3689

66.- Again on administrative silence, urban planning licenses and new construction deeds, horizontal division and segregation: again against the possibility of dividing a building without a license.

The Notary, No. 4, 2004, pp. 51-84

67.- Obtaining licenses through administrative silence.

Bulletin of the College of Registrars of Spain, No. 111, 2005, pp. 21-28

68.- Urban planning licenses and administrative silence in the new Valencian laws (on Land Use Planning and Landscape Protection of 30/6/04 (LOT), on Housing of 30/6/04 (LV), on Planning and Promotion of Building Quality of 30/6/04 (LCE) and on Non-Developable Land of 9/12/04 (LSNU)), and in the recent doctrine of the DGRN (Ress. 27/5/02, 28/5/02, 31/5/02, 7/9/02, 9/9/02, 10/9/02, 28/5/03, 27/1/04, 10/2/04 and 17/6/04).: Does this silence apply to the autonomous law?

The Notary, No. 13, 2005, pp. 25-46

B.- REVIEWS

69.- On “Sports Associations and Societies” by Mercedes Fuertes López.

The Notary, No. 5, 1993, pp. 79-91

70.- On “The impact of the Property Tax and the property recipient in a foreclosure proceeding” by Antonio Monserrat Valero.

Information Bulletin of the Illustrious Notarial College of Granada, No. 228, 2000, pages 1525-1544

C.- PARTICIPATIONS IN COLLECTIVE WORKS

71.- Floral games in the disposition of joint property (2005/22)

La Notaria Magazine. 150 years: 1858-2008 / coord. by Martín Garrido Melero, Josep María Fugardo Estivill, Ángel Serrano de Nicolás, Vol. 2, 2008 (Foundations and institutions of Catalonia), 368 pages.

72.- Cross-border circulation of public contractual documents.

Contract Law: New Scenarios and New Proposals / edited by César Hornero Méndez, Manuel Espejo Lerdo de Tejada, Francisco Oliva Blázquez, Juan Pablo Murga Fernández, Pablo Olavide University, Seville, 2016, pp. 143-169.

73.- Another view of double title registration (Comments on Res. 1/6/17).

Taxation in notarial practice. Tribute to Joaquín Zejalbo Martín. Director Victor M. Garrido de Palma. Editorial Tirant Lo Blanch, Valencia, 2017, pp. 167-174

Notary in Alcalá de Alcalá de Xivert-Alcossebre and Alcossebre

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