Sale and purchase
Private sale and purchase agreements for movable and immovable assets.
Civil Law
We claim, defend and enforce before the civil courts — debt claims, inheritance disputes, family matters and banking claims — and we advise on the contract or the will that prevents the dispute in the first place.
OUR SERVICES
CONTRACTS
Leases
Residential, commercial, industrial leases and rural tenancies.
Loans and acknowledgements
Loans between individuals, formal debt acknowledgements and personal guarantees.
Services and works
Service provision, construction works and mixed contractual arrangements.
Mandate and agency
Powers of attorney, management of third-party affairs and revocations.
Gifts and gratuitous transfers
Inter vivos and mortis causa gifts and non-alienation pacts.
LITIGATION
Family law
Contested and consensual divorces, custody, maintenance, modification of measures and settlement agreements.
Succession and inheritance
Estate planning, wills, partition and conflicts between co-heirs.
Civil liability and damages
Claims for accidents, professional negligence and patrimonial damage.
Banking claims
Floor clauses, IRPH, multi-currency loans, structured products and mortgage enforcement defence.
Insolvency proceedings
Pre-insolvency advisory and full insolvency proceedings for individuals and companies.
Second chance law
Debt discharge for over-indebted individuals and the self-employed.
BANKING LAW
IRPH and floor clauses: reclaiming what your bank overcharged
If your mortgage was tied to the IRPH index or carried a floor clause, you may have paid significantly more than a transparent contract would have allowed. The Spanish Supreme Court, in judgments 1590/2025 and 1591/2025 of 11 November, ruled out any single answer: each clause must be assessed case by case, first for transparency and, only where transparency fails, for unfairness. Reviewing the deed is what tells you which side of that analysis your loan falls on.
We review your deed and repayment history, quantify the amount overpaid and pursue the claim first out of court and, where the bank does not respond, before the courts. Each mortgage is different: the value of a claim depends on the specific index, the wording of the clause and how the loan was marketed.
SUCCESSION
Wills and inheritance in Murcia
Planning an estate — or accepting one — means navigating the legítima (the share the law reserves for close heirs), inheritance tax, which varies markedly between autonomous communities, and a six-month filing deadline that is easy to overlook. A well-drafted will and orderly planning prevent most disputes between co-heirs before they arise.
We advise on drafting wills, accepting an inheritance under benefit of inventory, partition and inter-heir conflicts. For families with assets or heirs abroad, cross-border succession adds a further layer: which national law governs the estate, and how it interacts with Spanish inheritance tax.
FREQUENTLY ASKED
Can RCM Legal handle a Spanish inheritance for non-resident heirs, in English?
Yes. RCM Legal advises resident and non-resident heirs on Spanish succession — the legítima (forced heirship), inheritance tax by autonomous community, the six-month filing deadline, partition among several heirs and cross-border estates under the EU Succession Regulation — in Spanish and English, from Murcia.
How does Spain's second chance law work?
The second chance law allows insolvent individuals — entrepreneurs and private persons — to obtain a discharge of unpaid liabilities when they can no longer meet their debts. The procedure is brought before the Commercial Court and requires formal conditions: good-faith conduct under article 487 of the Insolvency Act and, depending on the case, either a payment plan or the liquidation of the debtor's assets. The 2022 reform substantially broadened the scope of the discharge, including limited public debt. Properly handled, it offers a real way out for individuals and the self-employed facing over-indebtedness.
What is the "legítima" and how does it affect a Spanish inheritance?
The legítima is the share of the estate that Spanish law mandatorily reserves for certain heirs — primarily descendants, ascendants and the surviving spouse — limiting the testator's freedom to dispose of their assets. Under common Civil Code rules it amounts to two thirds of the estate for descendants (one third as strict legítima, one third as improvement). Regional rules vary substantially — Catalonia, the Basque Country or the Balearic Islands operate different systems. Early estate planning allows the orderly transmission of assets within the legal limits while minimising future conflict.
How do I reclaim a floor clause or IRPH from my bank?
The claim begins with an out-of-court request to the bank that marketed the mortgage loan, providing the deed and a detailed calculation of the amounts overpaid because of the clause. If the bank fails to respond within the statutory term or replies insufficiently, court proceedings follow. Once the clause is declared unfair, the Spanish Supreme Court and the EU Court of Justice allow a full refund of the amounts unduly charged from the signing of the loan, except where the matter has already been litigated or validly waived. For IRPH, lack of transparency is not enough on its own: the Supreme Court also requires an assessment of unfairness.
PUBLICATIONS
Analysis on civil law.
Making a will in Murcia: types, cost and common mistakes
Inheritance in Murcia: tax, partition and several heirs
Consumer credit: the CJEU bars charging interest on financed insurance and credit costs
Inheritance in Spain for non-residents: deadlines and recent changes to inheritance tax
The right of transmission and chained inheritances: the Supreme Court returns to the double transmission theory
We are a firm of lawyers in Murcia advising businesses and individuals on civil law across the Region and beyond.