Contracts & civil law

A well-drafted contract prevents a lot of problems; a badly drafted one, or one the other side doesn't honour, can cost you time and money. We draft, review and negotiate all kinds of civil and commercial contracts, and we advise and represent you in debt claims, breaches of contract and other disputes, out of court or in court, to defend your interests and protect your rights.

We help you make sense of complex clauses and, wherever possible, we negotiate a settlement before litigation or propose mediation, to save you costs and time.

What we do in contracts and civil law

• Tailor-made contracts: services agreements, sales, loans between private individuals, business collaboration agreements, confidentiality agreements or agreements between partners.
• Review before you sign: term, minimum commitment periods, penalties, grounds for termination, guarantees and which courts have jurisdiction.
• Negotiation with the other party and drafting of the agreement you reach.
• Debt claims (reclamaciones de cantidad): a formal demand, for example by burofax (a certified letter with proof of content); negotiation; the payment order procedure (procedimiento monitorio); or a court claim.
• Breach of contract: enforcing what was agreed, terminating the contract or claiming damages.
• Defence if you are the one receiving the demand or the claim.
• Family matters with a civil or financial side, where it almost always makes sense to seek an agreement first.

Common situations

• Someone owes you money (an invoice, a loan to a relative or a friend, a deposit) and won't pay.
• A professional or a business hasn't done the agreed work, or has done it badly.
• You have received a burofax or a court claim and don't know how to respond.
• You are about to sign a contract with clauses you don't understand or that seem one-sided.
• You want to put an agreement with a partner, a client or a relative in writing.
• You made a deal by word of mouth and now the other party won't honour it.
• You bought something that turned out to have hidden defects.

How we handle your case

1. Free initial orientation. Ten minutes by phone to tell you whether your case is worth pursuing. If it isn't, we'll tell you that too.
2. Consultation. We review the contract and the evidence, and work out what you can claim and what it might cost you.
3. Proposal with a transparent quote, before we start and with no obligation to continue.
4. We handle it. Formal demand, negotiation and, if no agreement is reached, a court claim.

Deadlines worth knowing

• General limitation period (prescripción). As a general rule, personal actions with no specific time limit, such as enforcing a contract, become time-barred five years after performance could first be demanded.
• Shorter periods. Some actions have much shorter time limits: for example, one year to claim for damage caused outside a contract (from when the injured party became aware of it), or six months from handover to claim for hidden defects in a sale governed by the Civil Code.
• How to stop the clock. An out-of-court demand interrupts the limitation period, so it is worth sending one in good time and in a way that leaves a record.
• Before going to court. Since 3 April 2025, as a general rule, to file a civil claim you must show that you first tried an appropriate dispute resolution method (medio adecuado de solución de controversias, MASC): direct negotiation or negotiation between lawyers, mediation, conciliation or a confidential binding offer, among others. The law provides for some exceptions.
• If you are sued. The deadline to respond is stated in the notification and it is short: get in touch as soon as you receive it.

What to bring to your first consultation

• The contract or draft, with its schedules. If the agreement was verbal, anything that helps to prove it.
• Invoices, quotes, delivery notes and proof of payment.
• Emails, messages and any other correspondence with the other party.
• Burofaxes sent or received.
• If you have been sued, the notification with its date.

Fees

A full consultation by phone or video call (45 minutes) costs from €50 + VAT (€100 + VAT on Saturdays), and an in-person meeting at the office on Calle Núñez de Balboa 120 (60 minutes, by appointment only) from €65 + VAT. If you then instruct us on the matter, the consultation fee is deducted.

If you review contracts often, a plan may be better value: there are monthly plans for individuals from €85/month + VAT, and Which plan suits me? will help you choose. If your matter involves a home or commercial premises, see also our property law practice and our property blog, where we explain deposit contracts (contratos de arras), among other things. Whenever you are ready, book a contracts and civil law consultation.

Frequently asked questions

Is a verbal contract valid?

As a general rule, yes: under the Spanish Civil Code, contracts are binding whatever form they take, provided they meet the essential conditions for validity, except where the law requires a specific form. The difficulty is usually proving what was agreed, so keep messages, emails and proof of payment.

Is it worth chasing a small debt?

It depends on the amount, the evidence and whether the debtor is able to pay. For money debts that are due and documented there is the payment order procedure (procedimiento monitorio), which works for any amount and whose initial application does not require a lawyer or a court representative (procurador). We'll tell you honestly whether it's worth it and which route is cheapest.

Do I have to try to reach an agreement before going to court?

As a general rule, yes. We raise it from the outset: a well-prepared negotiation settles many disputes and, if it doesn't, leaves proof that you have met that requirement, so you can go to court.

Can you review a contract the other party has sent me?

Yes. We review it, explain in English or Spanish what each clause means for you and suggest the changes worth negotiating before you sign.