Law Advices and Legal Tips

Author Archive

The year ended reported a significant increase in criminal activities in the network of networks. Since the explosion of viruses such as Sobig and Blaster, to the growth of child pornography sites or international terrorism, the Internet has become an ideal space for illegal operations.

One of the characteristics of the Wold Wide Web (www) is the anonymity or the ability to disguise the origin of their activities. While police organizations around the world almost created specialized bodies to combat crime in the network, hackers and crackers are constantly looking for ways to not disclose their operating point.

According to experts, crime in the network could be divided into three groups. First, the hackers rebel attack aimed at large companies or government entities for ideological purposes. For example, the famous Blaster virus, which affected over 800 000 computers worldwide, included a message by calling Bill Gates to stop hoarding money and fix your software.

Read the rest of this entry »

Microsoft has created a system of alerts to publish a blacklist credentials theft or phishing (e-deceptive to obtain personal data). When it detects an item of mail fraud or theft of personal data are published and communicated to the concerned entity (shop online, bank, ..) so you can respond quickly and enhance the security of the internet system. According to Microsoft, in 2009, the Anti-Phishing Working Group received over 410 000 warnings.

“Through the centralized system of alerts technology supported Microsoft’s Internet Fraud Alert promptly inform the companies whose credentials are compromised, allowing them to take appropriate action to protect their customers,” says the company, which has donated the technology to National Cyber-Forensics & Training Alliance (NCFTA), with whom it collaborates in the project.

In The Register raised the issue of false positives. When a surfer who has not done anything wrong nor has their compromised accounts listed and its activity is blocked.

Microsoft has led the courts to a U.S. company to open thousands of accounts on its Hotmail email service and so can send spam from legitimate.

1. What financial products, “Deposits” are not covered by the FGD?

* Financial products made by other credit institutions on their own and in your own name as well as those made by insurance companies, securities dealers, real estate investment trusts, venture capital, etc …
* The debt securities issued by the credit institution, including promissory notes and negotiable.
* Certificates of Deposit to the carrier, the repurchase agreements and financing with subordination clause.
* Deposits made by companies belonging to the same economic group that the credit institution.
* Deposits made by the government.
* Deposits made by those who hold administrative or management positions in the state.

2. What if the bank deposit account or have more than one owner?

The deposited amount is divided by the number of holders, who will each receive up to 100,000 euros per person in each account. That is, if there are three account holders, the total guarantee is 300,000 euros. 5 Is there any difference according to the relationship to maintain the headlines? No. It does not matter whether the owners are family relationships, friendship, business or otherwise.

3. How long does it take to receive compensation?

Usually within three months of the crisis. This period may be extended up to one year for exceptional reasons and permission of the Bank of Spain.

Read the rest of this entry »

The deposit insurance system is to ensure our customers that have deposited their savings in boxes, banks and credit institutions in case of failure of these recovered some of their money to the limits established by the Executive (100.000 euros). But they also have another function: to strengthen the solvency and operation of a failing institution.

1. Are you protected the money deposited by savers?

The fund accounts for the failure of banks, savings banks and credit unions is the Deposit Guarantee Fund (FGD).

2. How are the funds?

Spanish credit institutions entered in the register of entities of the Bank of Spain are obliged by law to contribute to the FGD two per thousand of their deposits. These contributions may vary in certain cases.

Read the rest of this entry »

However, the credit rating agency identifies some weaknesses in both economic policy and in institutions that were unable to avoid major fiscal and macroeconomic imbalances.

The danger of bankruptcy in the short to medium term the euro area remains low, according to the latest report from the credit rating agency Fitch.

However, the agency, the current crisis has highlighted some weaknesses in both economic policy and in institutions that were unable to avoid serious fiscal and macroeconomic imbalances.

Countries need to correct these imbalances if they are to a successful economy, and want to dispel any doubt about the sustainability of the eurozone.

According to the report, the political response to the crisis, including the European Stabilization Mechanism of 500,000 million euros, and the “accelerated reduction of its deficit” undertaken by some countries further away the danger of bankruptcy.

Read the rest of this entry »

The Valencian Federation for Equality and the co-parent ‘Stop Mare i’ and the Association of Separated Fathers and Mothers ‘Joint custody Now’ have proved contrary to the decision of the Generalitat Valenciana to include in a law invalid joint custody when there is an open judicial process for domestic violence by either parent. Specifically, this measure refers to the existence of a criminal proceeding regarding attempt on the life, physical integrity or moral integrity of the parent to the children.

The two associations have issued a joint communique noted that “single parents will not allow linking gender violence law to the processes of separation and divorce on the ground that such measure involves the criminalization of separation processes and would be a trail of false allegations of abuse in order to prevent joint custody. ”

Both groups have stressed that it is “false” would accept that the draft law “to include the prohibition of giving joint custody with only signs of abuse and not through a reasoned final decision and once rated the severity of abuse” and have argued that their intention is “to prevent single parents from being deprived of living with their children with a simple complaint of abuse or physical or psychological abuse not proven.”

“We can not accept that link the processes of separation and divorce to a discriminatory law, answered from many sectors of society which would only hinder and introduce tension in the already difficult process of separation,” reads the statement, which claim that “the Valencian society needs fair and equal laws at both the family and in gender equality.”

Associations of single parents have also criticized the press conference on Thursday gave the minister of Interior, Serafin Castilian, because “it presented as an agreement with the associations of mothers and fathers separated what is not.”

“We have never accepted nor will we accept that we applied principles contrary to the presumption of innocence and inequality in criminal law, with the clear conviction that the day you do such a thing will be a serious breach of the rule of law that premium to all be equal before the law, “they conclude.

SHOOTING CERTIFICATE (original)
For certifying the nature of the damage, causes and the rest collecting information and documentation.
It is only necessary if the loss can exceed 600 €.
For claims of theft and lack of commitment is not enforceable.

IMPORTANT: The expert report will be requested directly by you, thereby obtaining the following advantages:
The report is sent to you, allowing us to review before they are sent to the insurer. Thus, we seek appropriate clarifications to experts in the points at which observed that there could be any dispute with the insurer.

The bill expert report issued in the name of you, they will be reimbursed by the Insurance Company along with compensation, may be included in the settlement of VAT of you, however, insurers can not deduct this VAT, so that if the invoice is issued in the name of this entity, the amount of VAT would be a greater amount of damages, claims unnecessarily exacerbating the policy.

COMPLAINT (original)
To the competent authority and only in the event of a theft or plunder:
Theft: Theft of goods with force things (eg broken door truck)
Plunder: Abduction of hard goods to people (eg robbery)

LETTER OF CLAIM TO THE CARRIER SUBCONTRACTS
This letter will be requested where the accident occurred in a truck subcontracted. This letter will be liable for damage to the goods.
The current legislation determines that the ultimate responsibility for the damage to the goods is the carrier who performed the service. The Insurer or its subcontractors shall pay the damages claimed.

Roadmap (copy)
Why can prove who travels on behalf of the merchandise.

Despatch Advice (copy)
Because it confirms that the goods suffered the accident during transport and upon completion of delivery. Reservations must be shown by discontent that the recipient of the goods have made the delivery. Not appropriate reserves in the event that the expedition suffered total loss or damage and the delivery is not made.

Note or Bill of Charge (original)
Because it proves that you are going to have to deal with compensation and quantifies the amount of it. For the acceptance of this position must be verified before the claim is consistent with the type of compensation agreed upon with the client in the contract of carriage. This document will be issued by the sender and addressed to you by the appropriate amount, depending on the agreed compensation. In the event that the deal with the compensation client is 100% of invoice value, must bear the stricken cargo units and unit price, which must match that shown on the invoice referred to in the next section. Generally is formatted invoice (excluding VAT). You can also provided a letter detailing the above data.

Commercial Invoice (copy)
Because it justifies the fee charged is in line with the actual loss suffered by the injured without any profit on their part. We refer to sending invoices to the agent for the issuance of the distressed merchandise.

WRITTEN NOTICE OF LOSS

Because it allows him to know through the occurrence of the accident. Companies require the acceptance of the claim admissible.

Drafting of an incident in the event that a collision has occurred with other vehicles. You must be signed by the insured and the opposite in his case, clearly indicating the number of data policy, vehicle registration, driver identification and completed the central part of circumstances of the collision.

If your policy has contracted the service of travel assistance or have travel insurance policy, remember that it must resort to the use of crane or any other right guaranteed by these policies, otherwise there are problems when recovering invoices for the same services.

COMPLAINT (copy)
To the competent authority and only in the event of a theft or plunder:
Theft: Theft of vehicle in things hard (eg broken door)
Plunder: Abduction of the vehicle with power to people (eg robbery)

BILLS (copy)
Because it justifies the amount of damage is consistent with the actual loss suffered by the injured without any profit on their part.
Only in cases of theft or looting of objects secured to the remaining claims repair estimate of damage.
Expertise
With the communication of the incident, clearly indicates:
Repairer
Address
Phone
Date on which has to be supervised (with room for 48 hours minimum)