Marià Cubi 10, 7º - 08006 Barcelona - Spain
T. +34 932 380 240 - F. +34 932 380 382

Contact us

About our Law Firm

Based in 1971 in Barcelona as Jose Manuel de Vargas’s individual cabinet, the office expanded by partnering with Joseph Maria Mir in 1983 and afterward with Jesus Lazuen, by enlarging outstandingly areas of activity.

“We are an office of medium-sized by vocation and by choice.”

The cabinet “De Vargas Mir et Lazuen” has a long story for a multidisciplinary office and this experience allows us to approach of a modern and effective form the cases which we are in charge of. We are a cabinet of medium-sized by vocation and by choice. We take care of various concrete domains of the right in which we are specialized. We pay attention on the interests of our customers and give a very personalized treatment in the cases which they confide us.

Our philosophy is both based on a meticulous work and a personal relationship with the customer that allows us to know better its problems, the way it behaves in front of these last ones, as well as his antecedents and his environment in order to succeed to a more specialized and effective service. The profile of our customer is highly varied, from the private individual to the multinational company. The office has a vocation oriented towards the international and it permits us to offer a service to customers in more than 18 countries. For example, in France or Belgium and in other more distant countries such as Mexico, Brazil or China. Since its creation, “De Vargas Mir & Lazuen” defended with effectiveness and professionalism the interests of a lot of customers and supported companies in the development of their national or international projects. Since then, we have obtained trust and faithfulness of our customers, the respect of our colleagues, our adversaries, as well as a national and international notorious prestige.

Lawyers

Jose Manuel de Vargas

José Manuel
De Vargas Lozoya
Founder

Master’s degree in Law from the Central University of Barcelona (1971).
—
Graduate of Higher Studies of Comparative Law from the International Faculty of Comparative Law of the University of Strasbourg (France).
—
Master’s degree in Economy from the Center of International Studies of the Chamber of Commerce of Barcelona.
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Graduate in Financial Management from the School of the Senior Management and Business Administration of Barcelona (EADA).
—
Studies of the third cycle in Universities of France and Italy.
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Full professor of Constitutional Law of The Central University of Barcelona.
—
Languages: Castilian, Catalan, French, English and Italian.

Jose Maria Mir

Josep María
Mir Padullés
Associate Member

Master’s degree in Law from the Central University of Barcelona (1982).
—
Specialist in Procedural Law.
—
Criminal Law.
—
Condominiums, Leases.
—
Successions.
—
Real state Law and Construction Law.
—
Family Law, Divorce and Separation.
—
Commerce Law, Claims of Consumers Law.
—
Sport Law.
—
Languages: Castilian, Catalan, French.

Jesus Lazuen

Jesús
Lazúen Alcón
Associate Member

Master’s degree in Law from the University of Granada (1976).
—
Professor of Tax Law of the master’s degree in Law from the Higher Institute of Law and Economics (ISDE) (1998-1999).
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Associate professor to the chair of Financial and Tax Law at the Autonomous University of Barcelona (1989-1993).
—
Specialized in Tax and Company Law.
—
Languages: Castilian, Catalan, French, English.

Carlos Aparicio

Carlos Javier
Aparicio Jimenez
Lawyer

Master’s degree in Law from the University of Deusto (Bilbao).
—
Studies specialized in General Economics and Business Administration.
—
Specialized in Commercial and Tax Law, financial and accounting analysis.
—
Specialized in Corporate Restructuring.

Fields of Practice

Our experience allows us to approach of a modern and effective way the cases which we are in charge of.

CIVIL LAW

GENERAL

  • Obligations and Contracts.
  • Community of Property and Civil Societies.
  • Contractual and extra-contractual Civil liability.
  • Associations and Foundations.
  • Tax Credit claims.
  • Users and Consumers Rights.
  • Civil Judicial Procedures.
  • Rights to Dignity and to the Own Image.
  • Hypothecary right.

FAMILY LAW

  • Mediation and consulting in a matrimonial breakdown situation.
  • Study of personal and patrimonial of spouse’s situations, determination and assessment of obligations which deriving from it in separation and divorce.
  • Judicial request of separation or divorce. Legal defense from the Courts in the contentious procedure.
  • Elaboration of the regulatory agreement of the effects of the separation concerning Pacs.
  • Implementation of the measures comprising to the regime of visits, maintenance payments/alimony/allowances and liquidation of the matrimonial property.
  • Demand and change of the provisional measures or definitive of separation or divorce.
  • Approach of procedures of inability, guardianship and the judicial authorization of sale of goods to the minors and people deemed partly or totally unable.

ESTATES AND INHERITANCES

  • Drafting of wills and last wishes. Study of the optimization of the fiscal cost.
  • Manifestation, acceptance and inheritance evolution. Inheritance distribution.
  • Declaration of legal heirs in the successions ab intestate.
  • «Interpelation in jure» in cases of refusal to inherit or the abandon of right of inheritance.
  • Complaint of the reserved portion, judicial or extra judicial.
  • Complaint of hereditary rights and sharing hereditary contentious.
  • Complaint of hereditary communities of properties. Retraction/withdrawal of coheirs.
  • Alienation of heritages.

LEASES AND HORIZONTAL PROPERTY

  • Contracts of tenancy/lease immovable.
  • Contracts of Lease of hotel management and industry.
  • Economic ruin of the rented property and its incident the Leases.
  • Judicial termination of the leases by negligence to the contract.
  • Eviction due to the lack of payment of the rent or expiration of the deadline.
  • Elaboration of the constituent title of the ownership of horizontal property and condominiums, new works, segregation, regulation of internal regime.
  • Legal procedures arising from agreements of the co-ownership or from the Law of Horizontal Property.
  • Legal consulting to the co-ownership and directors of property.
  • Legal claims by responsibilities arising from constructive pathologies appeared in community elements. 10-year liability.

REAL ESTATE AND CONSTRUCTION

  • Contract of purchase and sales of buildings, properties companies and constitution of guarantees.
  • Exchange or contract of purchase and sales in the state of future construction.
  • Deposit, option to purchase and promise of purchase / sale of real property.
  • Writing and negotiation of every types of contracts in real estate.
  • Legal structure for the property development.
  • Contracts of execution of work and construction. Contracts of professionals and of subcontractors.
  • Management and profitability of buildings.
  • Complaints from occult defects in real property.
  • Responsibilities of the agents involved in the process of the construction, arising from defects of construction. Breaches of contracts.

COMMERCIAL LAW

COMPANY LAW

  • Constitution of companies and reforms of statuses.
  • Consulting to companies.
  • Legal corporation form of companies’ projects.
  • Restructurings and reorganizations corporations: transformations, mergers, splits and the other structural modifications.
  • Negotiation of agreements for the resolution of situations of shareholder blocking.
  • Joint-ventures, UTEs, alliances, extra-statutory pacts, family protocols.
  • Obligations and directors’ responsibility.
  • European public limited-liability companies.
  • Dissolution and liquidation of companies.

BANKRUPTCY, LEGAL REDRESS/RECEIVERSHIP

  • Procedures of summons.
  • Contesting and acknowledgement of the debt.
  • Defense of the rights of creditors.
  • Resolution of situation of insolvency and bankruptcy, and legal redress.

COMMERCIAL CONTRACTS

  • Commercial contracts, of agency, distribution and franchise.
  • Permission and contracts of outsourcing.
  • Contracts of work and industry.
  • Personal and real guarantees.
  • Associative contracts.
  • General Conditions of the contracts of hiring.

TAX LAW

TAX PLANNING

  • Individual companies and societies. Direct taxation. Corporate taxation on profits.
  • Professionals, artists and sportsmen.
  • Private individuals.
  • Optimization of tax costs: Planning of taxation of inheritance and their modifications.
  • Financial and Accounting analysis. Due diligence.

PROCEDURE OF TAX MANAGEMENT

  • Execution of formal obligations. Income tax return.
  • Consulting in the check of administrative office.
  • Procedures of receivership.
  • Permanent consulting.

PROCEDURE OF TAX INSPECTION

  • Consulting and representation before inspection bodies.
  • Full procedure.
  • Receivership file.
  • Expert’s help in the legal proceedings for Tax offence.

PROCEDURE OF AUDIT

  • Procedure of reconsideration.
  • Economic-administrative voice before Regional and central Courts.
  • Administrative Litigation Jurisdiction.

INTERNATIONAL TAXATION

  • Spanish residents abroad.
  • Foreign residents in Spain.
  • Investments abroad.
  • Investments in Spain.
  • Taxation on profits and its repatriation.
  • Transfer and modification of heritages.

PROCEDURAL LAW AND ARBITRATION

  • In all our fields of intervention: legal defense of the customers’ interests before the Courts.
  • Negotiation and mediation in extrajudicial conflicts to avoid contentious procedures.
  • Intervention before the Spanish Court of Arbitration and other regional and Spanish arbitral institutions, and in private arbitrations.
  • Consulting and defense in judicial procedures in accordance to arbitration: arbitrators’ appointment, help to the constitution of proofs, conservation measures, action of cancellation of the arbitration.
  • International procedures of international arbitration.

ADMINISTRATIVE LAW

  • Procedures of receiverships.
  • Extrajudicial claims face to various Administrations.
  • Administration’s financial liability.
  • Forces land acquisition/ forced expropriation.
  • Competition Law.
  • Administrative remedies.
  • Contentious remedies – administrative in any fields.

SPORT LAW

  • Constitution of private sport entities and reform of statutes.
  • Election processes.
  • Sport discipline: Approaches of disciplinary procedures and objection of disciplinary resolutions before Disciplinary Committees of Sport, Sporting Arbitral Courts (T.A.E. and T.A.S.), and ordinary Jurisdiction.
  • Doping in sport.
  • Legal Consulting of clubs, sports federations and other private sport entities, public Institutions with skill in sport and regular professional leagues.
  • Private foundations related to sports associations.
  • Complete personal consulting to the sportsmen.
  • Analysis and management of the optimal heritage structure for sportsmen and sports entities.
  • Contracts of cession, transfer, sponsoring and image.
  • Consulting in concessions for the management of sports equipment.
  • Civil liability.
  • Consulting specialized in hunting, hunter societies, private areas of hunting, license to carry firearms, administrative sanctions, to organizations and sector entities.

PRIVATE INTERNATIONAL LAW

  • International commercial contracts.
  • International credit claims.
  • Recognition and Enforcement of Foreign awards.
  • Recognition and Enforcement of Spanish awards abroad.
  • Constitution of companies abroad.
  • Consulting in foreign investment projects in Spain.
  • Consulting in Spanish investment projects abroad.
  • Constitution of establishment, subsidiaries and delegation of foreign societies in Spain.
  • Consulting in Spanish Law to the foreign societies.
  • Consulting to Spanish societies abroad.
  • Consulting of international financing.
  • Consulting in research and localization of professionals and specialists in Law abroad.
  • Consulting in international legal procedures.

CRIMINAL LAW

  • Offences against the person, intimacy and honor.
  • Offences against properties.
  • Offences members: excessive agreements and infringement of the right to vote of the partners.
  • Fraudulent administration and accounting frauds.
  • Offences of insolvency liable to penalty: misuse of company property.
  • Tax offences and Social Security.
  • Offences against collective security.
  • Offences relate to market and consumers.
  • Penal extradition and consulting in procedures abroad: execution of sentences and international legal assistance.
  • Domestic violence.
  • Offences against road safety.

General terms and conditions

TERMS AND CONDITIONS

Professional services are provided upon acceptance by the customer of a budget agreement establishing the economic conditions of our intervention.

Our office also invoices, when applicable, the cost of any advanced payments that it may undertake on behalf of its clients (bailiffs’ fees, registrars, hearing fees, etc…) in addition to the fixed fees.

As far as these expenses (that are qualified as legal costs) are concerned, they are generally uncured to the party which loses the case in order that they can be invoiced to the adversary and not to the client. The customer can recover these expenses from the adversary or directly from the Court.

In the event of appeal, the costs incurred by first instance proceedings are invoiced to the client who will recover them, in that event, from the adversary if they are incurred upon him by the Appeals’ Court.

FEES

Fees are established by a lawful agreement between the Lawyer and the customer, in accordance with normal practice, depending on the complexity of the case, expenses incurred by the Lawyer, the significance of the matter and the working hours really dedicated to this case.

The remuneration of a lawyer is determined taking into account the following elements:

  • The time spent on a case,
  • Research work,
  • The type and complexity of the case,
  • The importance of interests involved,
  • The advantages and the result obtained for the client’s benefit through his work,
  • The reputation, qualifications, experience, seniority, and the specialization of the lawyer. The lawyer is entitled to obtain the payment of complementary contingency fees according to results obtained or services rendered.

    • The firm invoices its fees on the basis of time spent on a case which, if required, are adjusted upwards or downwards according to the rules indicated above in addition to an adjustment according to the results obtained, always in accordance with the previous agreement.

    Fees based on the time spent
    The lawyers’ hourly fees are as follows: 220 € HT. All the time passed on a case is invoiced on this basis, this includes travel time and waiting time at audiences and time passed on the telephone.

    Contingency fees
    When the outcome of an intervention by a Lawyer leads to a quantifiable result, a contingency fee is invoiced in addition to fees for the time passed on a case.
    A fees agreement may be signed between the client and the Lawyer in which it is specified if a contingency fee has been agreed upon or not, along with the procedure defining the valuation of this complementary fee, if applicable.

    OTHER COSTS

    These are invoiced either according to the sums paid by the practice, or according to the legal tariff (tariff-based charges) and are normally represented by an Expenses Statement which is added to the invoice.

    INVOICING PROCEDURES

    Upon the opening of a new dossier, the practice invoices:

  • A retainer against fees and expenses which corresponds to at least sixty per cent of the sum of the indicated budget agreement mentioned above.
  • A retainer against other costs which corresponds to a sum equivalent to the likely outlays paid by the practice on behalf of their client (bailiffs’ fees for initiating proceedings, registrars fees, publication and translation costs, etc…).

    • One or more complementary retainers may be demanded as a case advances according to fees, expenses and other costs engaged.

    At the end of a case, a final invoice is established to complete the dossier. This includes, if applicable, a contingency fee for results obtained and also takes into account the retainers already paid, which will be deducted and appear in this invoice.

    Once a dossier has been opened, or during the course of proceedings, a fee agreement may be determined which defines in advance the tariffs to be applied according to interventions carried out by the practice.

    For certain types of dossier, a fee agreement can be determined (especially in the case of regular advisory meetings) which can be assimilated to a form of subscription.

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    Contact Info

    +34 932 380 240

    secretaria@dvargas.com

    Marià Cubi 10, 7º - 08006 Barcelona - Spain


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