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El blog de Maria

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

Legal tip 1247. NEW! Case won against Alleerton Holdings and Zurich Insurance in Sea Golf Regency ( Alcaidesa. Touristic Apartments development)
27 December 2014 @ 16:35

A client, whose contract was cancelled by the Judge who was governing Alleerton Holdings due to money laundering proceeding (White Whale).

Client who had a favourable cancellation Court decission with no possibility of refund due to liquidation of said company.

Action brought against Insurer Zurich

Zurich tried to deffend itself with both argumenst of  (1)prescription and (2) on the fact that the complex was touristic and not residential; trying to make Law 57/68 not applicable.

Wise La Línea de la Concepción Judge understanding action expiration deadline is of 15 years and not the shorter 2 years of the Insurance Contracts Act. On the basis of special and ultra protective character of Law 57/68.

Again wise La Línea de la Concepción Judge using a beautiful doctrine called " Own acts" by which litteracy cannot take precedence over facts or reality. Despite the complex was touristic, built on touristic land, buyers bought properties on the understanding of its residential character, and with residential prices and conditions: therefore Law 57/68 and all its rights and guarantees are applicable.

La Alcaidesa, Cádiz, South eastern Spain

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