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El blog de Maria

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

Legal tip 1135. NEW! Timeshare: refund obligations for Timeshare company and related Banks
23 April 2014 @ 13:43

A recent Court Decision by Asturias Appeal Court establishes the nullity of the timeshare contract, applying provision 1261 of the Spanish Civil Code and request not just the Timeshare company but the related Bank ( jointly and severally) to refund the consumer all amounts paid plus legal interests plus legal costs. Under the theory of linked contracts.

Asturias Appeal Court estimates that the Bank acted as exclusive entity for the financing of the product and therefore both contracts are linked and both affected by the nullity vice.

AP Asturias, sec. 6ª, S 20-1-2014, nº 13/2014, rec. 494/2013

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