Legal tip 320. Abusive clause: limiting ownership rights
Friday, July 23, 2010 @ 12:22 PM
Supreme Court .Decission dated 17th of March 2010.
It is abusive the clause included in the purchase contract of an apartment by which the buyers need to rent the units through the company chosen by the developer ( buyer).
The legal basis for the abusive character of the clause in an unjustified limitation of rights linked to ownership ( use and occupancy: possession) and the unbalance of contract parties.
Have a great weekend!
Maria
Cal y cielo (Lime and sky) Benalauría, Málaga by Roberto Carlos Pecino at Flickr.com