a

Facebook

Twitter

Copyright 2018 Costa Luz Lawyers Design By Los Creativos de Hawkins.
All Rights Reserved.

9:00 - 17:00

Our Opening Hours Mon. - Fri.

956 09 26 87

Call Us For Free Consultation

Facebook

Twitter

Menu
 

Author: costaluzlawyers

Costa Luz Lawyers > Articles posted by costaluzlawyers

Recent LEY 57/1968 Off-Plan Property Supreme Court Sentences won by CostaLuz Lawyers

I. The first was a Trampolin Case against Sabadell in development Trampolin Royal Dream by Solera El Trampolin SL on May 24th 2019, a Supreme Court Sentence dated 21st of May which states liability of Banco Sabadell as depositer bank (receiver of off plan amounts) as it did not ensure those amounts were correctly insured/guaranteed. This Supreme Court Sentence also states that there is no need for the payments to be made in a "special account" and affirms according to important Sentence dated  23 November, 2017: "The fundamental reason for this Supreme Court Case law is that credit institutions receivers of amounts coming from...

Continue reading

Clausula Suelo – Floor Clauses in Spanish Mortgages

Before the Judgment of the Court of Justice of the European Union of December 21, 2016, Banks offered agreements to their clients with a floor clause by which the financial entities agreed to eliminate this clause from the mortgage without returning the amounts already overcharged and forcing the mortgage holder to sign that they could not take further legal action to, mainly, request that amount they had already overpaid for the floor clause.   Until April 2018, the Spanish Supreme Court declared that these modifications or novations were not effective, allowing the option for the consumer to take action to declare the...

Continue reading

A Judge in Ceuta asks the CJEU for a ruling on mortgage related expenses

A Judge in Ceuta has decided to submit a preliminary ruling before the Court of Justice of the European Union (CJEU) so that it may rule on whether the latest judgments of the Spanish Supreme Court, by which the expenses of formalizing the mortgages between the bank and the client were distributed, are contrary to the European Union Law and its jurisprudence, in terms of the protection of consumers on abusive clauses. Doubts arise to the judge on how to deal with the issue, because although it was already warned that these types of clauses are null, how is it possible...

Continue reading

A summary of the new Royal Decree of 6 March 2019 on housing rentals:

Regarding contracts:   The period of mandatory extension of rental contracts change from three (3) to five (5) years, and the tacit extension is changed from one (1) to three (3) years for natural persons in the case that the landlord or the tenant does not express his will not to renew it. In the event that the landlord is a legal entity, it will be seven (7) years of mandatory contract and three (3) years for tacit extensions. The increase in annual rent will be linked to the CPI for the duration of the contract (5 years). It is limited...

Continue reading

New CJEU Sentence to favour mortgage holders in Spain

The recent Judgment of the CJEU, dated March 26 2019 on the early expiration clause in Spanish mortgages, has confirmed its null and void character as was already declared by the Spanish Supreme Court.     The important question now is whether the contract can exist without the early expiration clause, especially the one that allows the lender to terminate the contract after a one month default.   As the clause is not essential in the contract, THIS CAN EXIST WITHOUT IT as in case of default, the lender may demand compliance or resolution through other means established by Law.   But, one thing is the existence...

Continue reading

Nullity is nullity. Spanish Judges put case before the CJEU on abusive mortgage clauses

The chief Judge of the Court of First Instance No. 17 of Palma de Mallorca has filed a preliminary ruling before the Court of Justice of the European Union (CJEU) in regards to the critical situation created by the recent decisions issued by the Civil Chamber of the Supreme Court. The magistrate claims to unify interpretive criteria to defend the legal security that must exist in our State of Law, avoiding contradictory judgments that cause "a serious and irreparable harm to consumers” The question raised has been registered with the reference C-224/19 and its purpose is for the CJEU to analyze whether...

Continue reading

New Royal Decree on Housing & Rental

1st.- Elimination of the need to register the lease contracts in the Property Registry, so that it may produce effects with respect to third parties It is no longer necessary for the lease contracts to be registered in the Land Registry so that they can have effects with respect to third parties during the period of minimum duration legally foreseen. Thus, if during the first five or seven years of the contract, depending on the landlord being a natural or legal person, the right of the landlord is resolved by causes established in Law, the tenant may continue in the lease until...

Continue reading