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El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche. www.costaluzlawyers.es

Legal tip 1074. Barcelona and right interpretation of Law 57/68
Tuesday, November 26, 2013 @ 3:24 PM

It was comforting to read this Case Law by Court 11 of Barcelona Appeal Court where it clearly states that rules regulating off plan purchases ion Spain are not those of the Civil Code ( 112 Cc4-1827Cc) but those contained in the special Law 57/68 which was expressly promulgated to regulate these businesses.

Property should have been delivered ( with licenses of course) by first quarter of of 2010 and by February 2011 has not been delivered: equation is clear and simple ( says the Barcelona Court Decission) 

A very short and clear Court Decission which does not go to analysis of facts according to 1124 and related Case Law. 

Very wise, very contundent!

Against doctrine of our Supreme Court, which says that deadline is not essential. 

The whole point of Law 57/67 is built of delivery dates and consequences of delay. How deadline cannot be essential then?

Legal advice

Zahara de la Sierra, Cadiz, South of Spain, at facebook.com

 



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ads said:
Wednesday, November 27, 2013 @ 4:41 AM

I'm afraid It's not comforting for those who have received appeal rulings that are contrary to this wise ruling in Barcelona, Maria, and it sadly only serves to demonstrate how inconsistent legal interpretations continue to cause great insecurity and legal uncertainty in Spain.
Ley 57/68 says in clear and concise terms that offplan purchasers should receive a refund in the event that the construction, completion and delivery of the property did not take place for any reason by the agreed date as per the contract. What's more Article 7 states these are inalienable rights that cannot be waived.
How can the Supreme Court therefore retrospectively waive inalienable rights in this way, Maria?
It needs to be stressed to the Supreme Court that for many off-plan purchasers the provision of inalienable rights as per Ley 57/68 and specific end dates (deadlines) written into the contract were an absolute essential element to their original consent, and had these not been provided from the outset, that many would never have proceeded with a contract to purchase offplan property in Spain. In other words this was and still is an absolute ESSENTIAL pre-requisite for offplan purchase.

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