Spanish Lawyers Professional Indemnity Insurance

maria

but until a body of regulation is put in place to ensure that law 57/58 is complied with at every stage, with harsh penalties if not, then all the individual can do is start an expensive and heaven knows how long case against the bank, the lawyer, the developer???. 

Those who have not been given a BG have been cheated by the governments lack of implementation and it's that government who should be compensating those they have cheated by their incompetence. Anything else is making the victim pay twice for a crime they had no part of!

Hi Maria,

" Belucky:completely agree that is is time for this Law to be fully enforced ( specially provision 1.2 of the same)"

Please excuse my ignorance, but with regard to your comment above, how do the "Powers that be" ensure that a law is being enforced ? ?

Is this a common occurence in Spain, whereby certain groups of people, who do not wish to obey "the law of the land", just ignore it  with impunity, or is there a "High Court" somewhere, who should have forced them to obey it ? ?

I just don't understand why and how, the culprits have been allowed to disregard "the law of the land" for forty two years ! !

This message was last edited by belucky358 on 12/03/2011.

.......because that's the example set from the very top!

 Law 57/68 has not been fully invoked by Lawyers before Judges in spain till very recently, that´s why it has not been fully enforced.

This lack of invoking/enforcing has been due, in our opinion, to two different reasons:

1) Lack of proper understanding of the Law, somehow motivated by its lack of clearity and precision, or due to a poor posterior development of the same.

2) Lack of the circumsntances that made it invokable.

Is the inference from this that the Banks/lawyers will therefore use this lack of clarity and precision to their advantage Maria?

 No, if good lawyers apply it and good judges enforce it correctly