In Spain, before most civil claims you must first try to negotiate (the MASC requirement). If the debtor received your request and there is no meeting or written answer within thirty calendar days, the negotiation ends without agreement (art. 10.4.a of Organic Law 1/2025). From then you have one year to file the claim, counted from receipt of the request or, if talks went on and ended later, from that end (art. 7.3).
How it calculates
- Thirty calendar days from receipt. The attempt ends without agreement "si transcurrieran treinta días naturales a contar desde la fecha de recepción de la solicitud inicial de negociación por la otra parte y no se mantuviera la primera reunión o contacto dirigido a alcanzar un acuerdo o no se obtenga respuesta por escrito" (if thirty calendar days pass from receipt of the initial request without a first meeting or contact, or without a written answer), under art. 10.4.a. The day of receipt does not count: the thirty days start the next day (art. 5.1 of the Civil Code).
- One year to file. The claim must be filed "dentro del plazo de un año" (within one year) from the date the other party received the request or, where applicable, from the date the negotiation ended without agreement (art. 7.3). The year runs from date to date; if the final month has no such day, it ends on the last day of that month (Civil Code art. 5.1).
- If talks continued. If there was contact and the negotiation ended later, enter that end date: the year runs from there.
Other endings under article 10.4
The calculator covers the most common case, a request with no answer. The law provides three others:
- A proposal with no answer. Thirty days after the other party receives a specific settlement proposal, with no agreement and no written answer (art. 10.4.b).
- Three months of talks. Three months after the first meeting without agreement, unless both parties want to continue (art. 10.4.c).
- Ended in writing. When one party states in writing that it is ending the negotiation (art. 10.4.d).
What you must be able to prove
The deadlines are no use if you cannot prove the date of receipt. Without a document signed by both parties, the attempt is proved by "cualquier documento que pruebe que la otra parte ha recibido la solicitud o invitación para negociar o, en su caso, la propuesta, en qué fecha, y que ha podido acceder a su contenido íntegro" (any document proving that the other party received the request or proposal, on what date, and that they could access its full content), under art. 10.2. We explain it in MASC by certified email and, for communities of owners, in how to claim unpaid community fees.
Sources
- Ley Orgánica 1/2025, de 2 de enero (in Spanish), arts. 7.3, 10.2 and 10.4.
- Código Civil (in Spanish), art. 5.1.
The calculator applies the law published as of the update date. It is not a substitute for advice from a lawyer on a specific case.