Lawyers with expertise in Civil Defence
The amount in civil proceedings shall be fixed according to the economic interest of the claim, which shall be calculated in accordance with the following rules:
- If a specific amount of money is claimed, the amount of the claim will be represented by that amount, and if the amount is not determined, even relatively, the claim will be considered to be undetermined.
- Where the object of the proceedings is the condemnation to give movable or immovable property, regardless of whether the claim is based on real or personal rights, the value of the same at the time the action is brought, according to the current market or contract prices for goods of the same kind, shall be taken as the value of the same at the time the action is brought. For this calculation, the plaintiff may use any official valuations of the property in dispute, if it is not possible to determine the value by other means, without the immovable property being attributed a value lower than that recorded in the land registry.
- The above calculation rule shall also apply:
- To claims aimed at guaranteeing the enjoyment of the powers deriving from ownership.
- To claims affecting the validity, nullity or effectiveness of the title of ownership, as well as the existence or extent of the ownership itself.
- To those petitions, other than those established in the two previous cases, in which the satisfaction of the claim depends on the claimant's accreditation of the status of owner.
- To claims based on the right to acquire ownership of a good or set of goods, either by possessing a credit right that recognises it, or by any of the modes of acquisition of ownership, or by the right of withdrawal, pre-emption or option to purchase; when the good is claimed as the object of a sale or purchase, the price agreed in the contract has preference as a criterion of valuation, provided that it is not lower in the case of real estate than its cadastral value.
- Where the proceedings concern possession, and no other rule of this Article is applicable.
- To actions for demarcation, demarcation and division of common property.
- In cases where the claim concerns usufruct or bare ownership, use, habitation, use by rotation or any other real right limiting ownership not subject to special rules, the value of the claim shall be fixed on the basis of the tax base on which the tax is levied for the creation or transfer of these rights.
- The value of a claim relating to an easement shall be the price paid for its constitution if it is recorded and its date is not more than five years earlier. Otherwise, it shall be estimated according to the legal rules established for fixing the price of its creation at the time of the litigation, regardless of the manner of acquiring it, and in the absence thereof, the amount shall be deemed to be one-twentieth of the value of the dominant and servient estates, taking into account the provisions of the second rule of this Article on movable and immovable property.
- In suits relating to the existence, non-existence, validity or effectiveness of a security interest, the value shall be that of the amount of the sums secured on all counts. In lawsuits concerning the right to claim periodic benefits, whether temporary or for life, the value shall be calculated by the amount of an annuity multiplied by ten, unless the term of the benefit is less than one year, in which case the total amount of the benefit shall be taken as the value of the benefit.
- In suits concerning the existence, validity or efficacy of an obligation, its value shall be calculated by the total amount due, even if it is payable in instalments. This criterion of valuation shall be applicable in proceedings the object of which is the creation, modification or extinction of a binding instrument or of a right of a personal nature, provided that no other rule of this Article is applicable.
- In lawsuits concerning the leasing of property, except when they involve claims for rent or sums owed, the amount of the claim shall be the amount of one year's rent, regardless of the periodicity with which it is fixed in the contract.
- In those cases in which the claim relates to securities traded on the Stock Exchange, the amount shall be determined by the average of the weighted average exchange rate of the securities, determined in accordance with the applicable legislation during the calendar year prior to the date on which the claim is filed, or by the average of the weighted average exchange rate of the securities during the period in which they were traded on the Stock Exchange, when this period is less than one year. In the case of securities traded on another secondary market, the amount shall be determined by the average trading rate of the securities during the calendar year prior to the filing of the claim on the secondary market on which they are being traded, or by the average trading rate during the period in which they were traded on the secondary market, where the securities were traded on that market for a period of less than one year. The average trading rate or, where applicable, the average of the weighted average exchange rate, shall be certified by a certificate issued by the governing body of the secondary market in question. If the securities are not traded, the amount shall be calculated in accordance with the accounting valuation rules in force at the time the claim is filed.
- When the claim has as its object a performance, the amount shall consist of the cost of that whose performance is sought or the amount of the damages derived from the non-performance, without the two amounts being cumulative in this case, except if, in addition to performance, compensation is also sought. The amount or calculation of the damages must be taken into account when the performance is personal or consists of a non-performance, and this even if what is sought principally is performance.
- In lawsuits relating to an inheritance or to a set of estates or separate estates, the above rules shall apply in respect of the assets, rights or claims included in the inheritance or in the estate in dispute.
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