Experts in Real Rights

The civil lawyers at G. Elías y Muñoz Abogados, with professional offices in Madrid, Majadahonda and Pozuelo de Alarcón, are specialists in resolving any problem that may arise in relation to property and the different ways of acquiring it.

According to article 348 of the Civil Code "ownership is the right to enjoy and dispose of a thing, with no limitations other than those established by law".

Thus, and according to Article 609 of the Civil Code, "ownership is acquired by occupation.

Ownership and other rights over property are acquired and transmitted by law, by donation, by testate and intestate succession and as a consequence of certain contracts by means of tradition.

They may also be acquired by prescription".

Abogados especialistas en Derecho de la Propiedad

Buying and Selling

The typical form of acquiring property is the purchase and sale. Articles 1445 et seq. of the Civil Code regulate all aspects related to the contract of sale and purchase.

Thus, according to article 1445 of the Civil Code "by the contract of purchase and sale one of the contracting parties undertakes to deliver a certain thing and the other to pay a certain price for it, in money or a sign representing it".

The basic elements of the purchase and sale are the delivery of the good that is the object of the legal transaction and the payment of the agreed price.

There are different conditions or circumstances that may bind a legal transaction of purchase and sale, all of which are provided for in an abstract manner by the Civil Code.


According to the provisions of article 618 of the Civil Code, "donation is an act of liberality by which a person freely disposes of a thing in favour of another, who accepts it".

In this case, two elements are also necessary to consider that the legal transaction of the donation takes place. Firstly, the delivery of the donated good, goods or rights and, secondly, the acceptance, whether express or tacit, by the recipient.

Tell us about your case and exercise your rights with all the guarantees.