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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 1443.Illegal timeshares in Spain. Supreme Court´s answer
31 October 2017

As mentioned in a previous post, Spain’s Supreme Court is continuing its clear and strong line regarding the illegal practices of Timeshare companies in Spain.

September 2017 has been the month in which the Supreme Court has made it clear that timeshare rights sold under the form of Memberships in Vacations Clubs are also under the regulations of law 42/98.

The Supreme Court Sentences dated 13th, 19th, 22nd and 27th of September regarding Vacation clubs such as Beverly Hills Club, Beverly Hills Heights, Hollywood Mirage, Palm Beach Holiday Club and Club Paradiso Isla have set doctrine on this in the following way:

“Law 42/98 regulates not just timeshare contracts strictly understood but also similar ones by which the signer acquires rights to enjoy one or more properties, for a time greater than 3 years and during a determined or determinable time”.

The most recent Sentence by the Supreme Court, dated October 11th 2017, makes timeshare companies liable for the payment of legal costs when litigating these cases. This is hopefully a development that may encourage many of them to settle out of Court when a claim is made by a user.

We are pleased to offer free appraisals of timeshare cases; you can contact us at via website.



Like 0        Published at 16:42   Comments (0)


Legal tip 1442. Caixa liable for Manilva Costa. New won case
18 October 2017

Writting an article on Banks´liabilities in off plan purchases this month for a contest.  Will keep you posted on this

New won case this week

Cheers

María

 

MALAGA

P2

CAIXABANK

MANILVA COSTA SA

JARDINES DE MANILVA



Like 1        Published at 13:41   Comments (0)


Legal tip 1441. Two new won cases this week
11 October 2017

To be added to list included in last post of won cases in 2017

CADIZ P2 BANCO SANTANDER PROMAGA SAU VISTA HERMOSA
MALAGA P1 BANCO POPULAR, BANCO SANTANDER AIFOS  


Like 1        Published at 19:35   Comments (3)


Legal tip 1440. Won cases by CostaLuz-DeCastro so far in 2017
06 October 2017

ORIHUELA P1 SGR, BBVA, BANCO SABADELL HERRADA DEL TOLLO S.L. SANTA ANA DEL MONTE
GRANADA P2 BANCO SABADELL RUDINA MIRADOR DE IZNALLOZ
ELCHE P1 BBVA (CATALUNYA BANC SA) BRONCHO PROMOCIONES LA TERCIA REAL
ALMERÍA P1 N/A HUMA INDALO SL OASIS TABERNAX
MURCIA P2 CAIXABANK SOLERA EL TRAMPOLIN SL TRAMPOLIN HILLS GOLF RESORT
HELLÍN P1 BANCO SABADELL (CAM) CLEYTON GES LAS HIGUERICAS FINCA PARCS
ESTEPONA P1 CAIXABANK MANILVA COSTA SA JARDINES DE MANILVA
CADIZ P2 BANCO POPULAR MIRAFLORES DEVELOPMENT INVERSIONES SL VISTAS DEL LAGO
MALAGA P2 BANCO POPULAR LA RESERVA DE MARBELLA SL LA RESERVA DE MARBELLA
MALAGA P1 BANCO POPULAR AIFOS  
ALICANTE P2 CAJA RURAL CENTRAL EUROHOUSE PUEBLO LA SAL
MALAGA P2 CAIXABANK (BARCLAYS) SIERRA BLANCA COUNTRY CLUB SL SIERRA BLANCA COUNTRY CLUB
ALICANTE P2 CAJA RURAL CENTRAL EUROHOUSE FORTUNA HILLS GOLF RESORT
GRANADA P1 BBVA LEONARDO DA VINCI CAÑADAS DEL PARQUE
GRANADA P1 BANCO POPULAR PENINSULA PROJECT MANAGEMENT RESIDENCIAL GRANADA GREEN
ALMERÍA P1 N/A D. JUAN MAÑAS GRIMA y Dña. ANTONIA RUIZ SÁNCHEZ. N/A
FUENGIROLA P1 BANCO POPULAR SIERRA MAR DEVELOPMENT SL HACIENDA BUENA VISTA
ORIHUELA P1 SGR, BBVA HERRADA DEL TOLLO S.L. SANTA ANA DEL MONTE
SAN ROQUE P1 MILLENNIUM INSURANCE PROMAGA SAU ALTAVISTA
ALICANTE P1 CAIXABANK OCHANDO SA OCHANDO GOLF
ALICANTE P2 CAJA RURAL CENTRAL EUROHOUSE FORTUNA HILLS GOLF RESORT
MURCIA P1 CAIXABANK TRAMPOLIN HILLS GOLF RESORT SL TRAMPOLIN HILLS GOLF RESORT
SAN ROQUE P1 N/A NEXT CENTURY S.L.  
MALAGA P2 CAIXABANK INTERLAKEN 2003 SL CASARES DEL SOL
MADRID P2 ZURICH SEA GOLF APARTMENTS SL LA ALCAIDESA
ORIHUELA P1 BBVA SAN JOSE ALBATERA GOLF
DENIA P1 BANKIA CONSTRUCCIONES MONTE PUCHOL SL ANGLE TOWER
ORIHUELA P1 SGR, BBVA, BANCO SABADELL HERRADA DEL TOLLO S.L. SANTA ANA DEL MONTE
MURCIA P2 BANCO POPULAR HUMA ALMANZORA COUNTRY CLUB
MALAGA P1 BANCO POPULAR, CAIXABANK, BANCO MARE NOSTRUM AIFOS PUERTO GOLF LAS COLINAS
HELLÍN P1 BANCO SABADELL (CAM) CLEYTON GES LAS HIGUERICAS FINCA PARCS
ORIHUELA P1 SGR, BBVA HERRADA DEL TOLLO S.L. SANTA ANA DEL MONTE


Like 1        Published at 14:19   Comments (6)


Legal tip 1439. Spanish High Magistrates on Reform of the Judicial Model
04 October 2017

Read this new today on a Law Bulletin and wanted to share it with you: 

The President of the Civil Chamber of the Supreme Court, Francisco Marín Castán is committed to unify criteria in all judicial bodies to give effectiveness to Justice. In an serious attempt to adapt justice to "social reality".

He affirmed this during his speech at the "Legal Security and Economy" roundtable at the Spanish Summit on Trust , organized by the Ministry of Justice and moderated by the Minister of Education, Culture and Sport, Íñigo Méndez de Vigo.


Marín Castán explained that Justice can not continue to function as it has been done "traditionally", in which each judge is "isolated" and each court has its own criteria.

"It requires active behavior, grouping resources by subject," added and gave as an example that of the the judges of the mercantile Court  of Barcelona who have formed, by "own initiative", a court of instance in which all the criteria are unified and , so, he said, they are performing much better.


In this line, taking advantage of the presence of the Minister of Justice, Rafael Catalá, at the Summit,  the Supreme Courty Magistrate requested to adapt the regulations to the present and, specifically, a reform of the civil Cassation Appeal so this Court can work more effectively.

 Marín Castán also  indicated that the majority of the subjects that occupy the civil justice "derive from a defective fulfillment of the law, as reality has changed dramatically from  when  majority of Laws were passed, and therefore, the role of Case Law is crucial.


Fernández-Seijo. Magistrate of Barcelona Mercantile Court  defended "synchronizing judicial times with the times of economic and social reality," although he assured that the necessary legislative reforms, or more "human and economic means" should not be carried out until the judicial model is effective.

Guadalest, Alicante, Eastern Spain

 



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