Litigation

The reality, in general, tends to be more complicated than the theory. Experience has shown us that the judicial process is a phenomenon that lives, evolves and constantly adapts to the daily work of the courts which seek to respond to the needs of the users of the justice system.

 

At Rivera Fernández & Asociados we understand that the process is a complex reality through which the different specialties of law are connected. Today’s world demands a transversal vision of legal proceedings.  This is the approach that has allowed us to successfully address, among others, criminal matters related to patrimonial and international law; agrarian litigation such as the sustainability of agricultural and bio-productive cycles or the preservation of the environment; maritime litigation connected with tax, commercial and international law and cases of expropriation for reasons of public utility.

Negotiation and conflict resolution

Although litigation is one of our strengths, we have learned that the process is an instrument that allows us to protect the interests of our clients, not an end in itself. At Rivera Fernández & Asociados, we know that due to the time and cost involved, sometimes going to court is not a feasible or necessary option. For this reason, we start every case by implementing a negotiation process and applying different methods of conflict resolution.

 

This has allowed us to resolve various legal conflicts before going to court, helping our clients to save resources and energy. We try to use litigation when negotiation and other alternative means of conflict resolution have proven to be ineffective in handling the case.

 

When starting a negotiation process, we work with consistency and perseverance until we reach the total resolution of the conflict, surpassing the different obstacles that may arise along the way and adapting our strategy in each phase of the negotiation.

International Law and Human Rights

International law has radically changed in recent decades. Currently, there is a complex system of judicial and quasi-judicial mechanisms to resolve disputes at the international level. This complex system constitutes a significant development for international law and a challenge for those who have a possible case at the international level and do not know how to proceed.

 

At Rivera Fernández & Asociados, we have lawyers specialized in international law, which allows us to advise our clients by indicating which is the ideal way to enforce their rights and representing them in the process.

 

Part of our work in international law is to provide legal advice and representation in litigation on issues of protection of human rights and access to regional protection mechanisms. Our team has worked representing victims before the Inter-American Commission on Human Rights, as well as in constitutional actions for the protection of fundamental rights in litigation concerning private property, due process and access to justice, among others.

 

As part of our work, we have also participated in requests for the removal of data in Interpol in the international notices system (red alerts). Interpol is an intergovernmental organization that helps the police of member countries to collaborate with each other by facilitating the exchange and access to information about crimes and people who have committed crimes. Despite its importance and usefulness, this system can be abused by some countries to persecute innocent people.

 

At Rivera Fernández & Asociados, we analyse criminal proceedings that have generated an alert in the Interpol system to ensure that they have complied with due legal process and we participate in the request for removal in case of violations of due process.

Criminal law

Criminal law is one of the most restrictive and severe areas of law. This is due to the fact that, through the criminal process, the State has the power to deprive the individual of one of its most precious right, namely, freedom. For this reason, criminal law should be used only to the extent strictly necessary in the most serious attacks on fundamental legal values.

 

At Rivera Fernández & Asociados, we understand the impact that criminal proceedings have on the lives of our clients and we are here to advise and represent them at each stage of the process. We have alliances at the regional and national level that allow us to provide a legal defense to people involved in criminal proceedings for different types of crimes.

 

Combining our specialization in criminal law with our experience in international law and human rights has allowed us to litigate complex cases involving economic crimes. Together with the attention to the criminal process, we monitor possible violations of due process that may lead to a constitutional action or a petition before the regional system for the protection of human rights.

 

As part of our work we have acted as consultants and legal representants of victims during the criminal process, especially in cases of gender violence or violence against women. At Rivera Fernández & Asociados, we are committed to defend our clients who have suffered psychological, physical, patrimonial and medical violence, as well as harassment, threats and any other type of violent act.

Administrative, Regulatory and Constitutional

At Rivera Fernández & Asociados, we advise and represent our clients in their relationships with territorial public entities (Republic, states and municipalities), non-territorial entities (autonomous institutes), and state private law entities (State companies). Among other services, we provide advice on the constitutionality and legality of laws, we seek authorizations for the affectation of renewable natural resources and we provide assistance in matters of public procurement (bids, concessions, design of contract negotiation strategies).

 

We have represented our clients before different bodies and entities of the national public administration, before State companies, and before the state public administration and municipal authorities, among others, in cases of expropriation for reasons of public utility.

 

We deal with conflicts against public entities of the different administrations. We are specialized both in administrative proceedings (ordinary procedure, special procedures and administrative resources) and judicial proceedings (claims of nullity of administrative acts, claims to the payment of sums of money and the repair of damages due to contractual or extra-contractual liability, claims for the provision of public services, among others). We have also worked in the constitutional litigation of cases related to fundamental rights (constitutional protection, habeas data, demand for collective and diffuse rights and interests).

Real estate law

We understand by real estate law the set of rules that aim to regulate real estate. At Rivera Fernández & Asociados, we advise our clients (owners, developers, builders and other members of the real estate industry) in the development of construction projects and in the sale, lease and administration of real estate. We draft and document, among others, preliminary contracts (purchase options in the strict sense, unilateral or bilateral purchase and sale promises), sales, leases, construction contracts and condominium documents.

 

In addition to drafting and documenting contracts, we carry out appraisals, offer real estate tax advice and horizontal property matters, and process requests before the Municipal Land Registry Office, the Municipal Office of Urban Planning and the Municipal Office. As part of these requests, we obtain different documents required in the construction sector, including the nomenclature, the cadastral code, the solvency of urban real estate, measurement certifications, the location sketch, the certificate of legal condition, building use conformities, habitability conditions, the project consultation, the zoning documents, division of plots, fence permits, demolition and remodelling of facades, complaints for illegal construction and topographic surveys, among others.

 

We have designed and executed highly complex purchase and sale processes, such as the Las Playitas Shopping Centre sale project, located in the city of Maracaibo, which involved the subdivision and individual award of one thousand nine hundred and eighty-two (1,982) stores.

Civil, Family and Patrimonial

At Rivera Fernández & Asociados, we have been recognized for offering a close, personalized treatment to our clients with absolute discretion. This has been, perhaps, the reason why we currently have as clients the children and grandchildren of clients who have been with us since the creation of our firm. In addition to the technical specialization of the different areas of civil law, the practice of law in family issues requires a special attitude given the sensitivity of the cases, such as those related to the status and legal capacity of people, the development of their intersubjective relationships, the protection of children and adolescents, or inheritance conflicts.

 

We specialize in high-profile divorces, litigating only when it is the only possibility to protect the rights of our clients. We also attend complex heritage procedures, documenting wills, legacies or promoting the liquidation and judicial partition of the hereditary community, both in ordinary civil headquarters and in special agrarian headquarters, depending on the case.

 

We also handle disputes over property and with respect to any matter of a personal nature and patrimonial content. We advise our clients on all their legal businesses, negotiating and defining the way in which they will be bound with respect to their counterparts, and defending them in the event of contractual conflicts.

Commercial and Corporate Law

At Rivera Fernández & Asociados, we assist businesses and corporations in their activities. We are experts in legal matters related to the commercial activity of our clients, such as incorporation and registration of commercial companies, negotiation of shareholder agreements, resolution of conflicts between shareholders, advice to administrative boards and statutory reforms, as well as legal advice and representation on matters related to commercial contracts.

 

In addition to this, the legal team of the firm provides corporate advice during all the life cycles of the corporation. Corporate law, in its broadest form, refers to the set of laws, rules, regulations and doctrines on the ways in which corporations operate.

 

At Rivera Fernández & Asociados, we have the conceptual and instrumental tools of the different branches of law that directly affect the structure of good corporate governance and the impact that this organization produces in its immediate environment.

 

In our years of experience, we have provided legal advice and represented in legal proceedings companies in the national and international insurance and reinsurance sector, as well as to banks and other financial entities. Thanks to this experience, we have a legal team that has in-depth knowledge of the structure, organization and regulation of the financial and insurance sector, which allows them to attend the legal affairs of our clients successfully and in a comprehensive manner.

Migratory Processes

In order to accompany our clients in the different stages of their personal progress, we have begun providing, for some years, advice and support in migratory processes. As part of our work, we carry out a series of necessary procedures in these processes such as translations, legalizations, apostilles and various actions before the civil registry. We also provide legal advice to our clients regarding their immigration options and carry out case analyses to determine the possible acceptance of asylum applications based on both the 1951 Geneva Convention and the national laws of the receiving countries.

 

We also have international alliances that allow us to accompany our clients in the phases after they leave the country and recommend them to trusted teams of lawyers for the continuation of their cases abroad.