Spain’s Supreme Court hesitation before Banks

The Supreme Court has ruled that client should face the Stamp Duty Tax (AJD) related to the mortgage. In the informative notification issued in advance of the Sentence, the Supreme Court establishes that several situations must be distinguished on this tax: a) Tax related to constitution of … [Read more...]

Costaluz won 42 times against banks so far in 2017

CITY COURT BANK / INSURER PROMOTOR DEVELOPMENT ORIHUELA P1 SGR, BBVA, BANCO SABADELL HERRADA DEL TOLLO S.L. SANTA ANA DEL MONTE GRANADA P2 BANCO SABADELL RUDINA MIRADOR DE IZNALLOZ ELCHE P1 BBVA (CATALUNYA BANC SA) BRONCHO PROMOCIONES LA TERCIA … [Read more...]

Court Fees – Tasas Judiciales

The Cabinet approved on Friday, 27th of February a Royal Decree – Law on amending of court fees, by proposal of the Minister of Justice, Rafael Catalá, whereby individuals are exempted from paying these fees at all levels and instances. This suppression of Court fees is included in the “Decree on … [Read more...]

Supreme Court Rules That A Delay Of Just Over 3 Months Justifies Termination of Purchase Contract for Off-Plan Purchase

The Supreme Court states that the delay, of just over 3 months, in the completion of a house under construction justifies the termination of the contract However, the buyer should exercise that right before being required by the vendor (developer) to grant deed. The Civil Division of the … [Read more...]

New judicial doctrine by the Supreme Court on Contract Cancellations

The Spanish Supreme Court has established new judicial doctrine on contract cancellations. According to a decision from May 7, 2014, by the Civil Room: 1. Any delay is cancellatory in Declarative Procedures and Claims against guarantors; 2. According to Spanish Act 57/68, 3rd Provision, an … [Read more...]

Law 57/68 explained by Keith Rule

A very good explanation of Law 57/68 by Keith Rule. LEY 57/1968 - AN EXPLANATION LEY 57/1968 is a short but very important Law which was implemented in the Public Interest on 27 July 1968 specifically to safeguard purchasers deposits paid in good faith to developers for off-plan … [Read more...]

No occupation license and cancellation?

As a continuation of previous post: Seems to me that these Supreme Court Decissions, as a matter of fact, make those 57/68 rights weaker. Again, I can understand that there are different levels of breaches and that because of that different level of measures/ consequences need to arise but, … [Read more...]

Spanish judges in UK and US

The Council of Ministers in Spain , at the proposal of  Minister of Justice , Alberto Ruiz- Gallardón, has decided to  strengthen presence of our Judicial body in the international arena with the appointment of a liaison magistrate in London to act before the judicial authorities of the United … [Read more...]

Case won against Duja and Caja Canarias

Type of Document: First Instance Court Decission Title: xxxxxx CONTRA DUJA TENERIFE Y CAJA DE AHORROS DE CANARIAS.SAN SEBASTIAN DE LA GOMERA. File: xxxxxxxxxxSENTENCIA P.I..pdf Document date: 22/10/2013 Observations:  First Instance Decission won. Contract cancelled, DUJA and CAJA DE AHORROS DE … [Read more...]

Supreme Court and Bank Guarantees in Spain

Stated by the Higher Spanish Court, dated  19th of July, 2013. In short and simple words, if house is almost finished, lack of Bank Guarantee will never produce a cancellation and refund of deposits, according to Spain Supreme Court. A reform of Law 57/68 is  necessary, in order to make clear … [Read more...]

©2016 CostaLuz Lawyers. All rights reserved. Privacy policy and cookies. Copyright and disclaimer.