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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 1358- NEW! Spain Supreme Court clear speaking on Banks liabilities
28 December 2015 @ 20:19

A recent Court decission dated 2015, 21st of December  sets " Case Law Doctrine" on liabilities of Banks, receivers of amounts in off- plan deposits

Regardless the account was named "special" or not, always provided there is no General Guarantoor involved ( Bank or Insurance Company), as far as it is reasonable the Bank knew those payments were for an off-plan project, liabilities of provision 1 second paragraph of Law 57/68 apply!

Good news!

María

The Virgen de los Reyes Square and the Giralda, on the left side, on Christmas time. Seville. South of Spain



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3 Comments


ads said:
11 January 2016 @ 14:14

Dear Maria,
When SC doctrine is established that acts as "clear case law" in this manner and on any specific aspect of Ley 57/68, would this clarification then entitle the claimant to be awarded full interest and costs associated with their claim, or could they still be denied full interest and costs?
Does there have to be SC doctrine established independently on the aspect of recovering full interest (backdated to payment dates) and again SC doctrine established on the aspect of recovering costs (for successful claimants) in this regard, before claimants can be deemed entitled to recover all these amounts and thereby make the Banks fully accountable?
Is there any legal point where entitlement to such compensation in recognition of Banks' negligences becomes part of the clarified law?


mariadecastro said:
11 January 2016 @ 14:18

Once Supreme Court sets Case Law Doctrine ( Doctrina jurisprudencial), a Judge cannot leave costs non-imposed for the reason of controverted character of the matter.




ads said:
11 January 2016 @ 15:31

Thank you so much for the clarification Maria.


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