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El blog de Maria

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

Legal tip 1011. NEW! More by the Supreme Court on publicity breaches and cancellation
21 August 2013 @ 19:07

Very recent Court Decission where again  Spain Supreme Court remarks on  the contract nature of publicity in property developments. This last decission dated 23rd of July , 2013. Very recent.

A great new as there are difficult Appeal Courts persistently deffending the non essential breach of the contract and therefore no cancellation effect of these breaches when lacks are of important development equipments such as Golf Course, Marina, Town Center... Supreme Court argues that these breaches must be deemed as substantial as they affect essential, very important and defining circunstances of the contract object. Lack of the same produce cancellation of the contract.

Supreme Court has not set a clear doctrine on the  essential contract nature of these publicity brochures whose breach bring cancellation rights to buyers.

Legal grounds for above conclusions are both in Consumers regulations and Civil Code ( articles 1255, 1258, 1285, 1469)

Another Supreme Court decission on same reasoning is dated 1st of October 2012.

So very good news for property market and Consumers Law health in Spain!

Villaluenga del Rosario, Cadiz, Southern Spain, at Facebook

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