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Sentences Tag

Costa Luz Lawyers > Posts tagged "Sentences"

Timeshare Sentences by the Supreme Court in Spain

The last two Court Sentences of the Spanish Supreme Court on Timeshares are a compendium of the doctrine that the High Court has produced so far: 1. Timeshare Law applies to holiday club memberships as, the object that was transmitted in the contract, is  a right to use one or several properties during a determined or determinable period of time. 2. If the contract did not respect the form established by law, it is null and void. 3. The indefinite duration of these contracts makes it null and void and they can only be constituted for a maximum period of 50 years. 4. Any individual...

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Banks must pay Stamp Duty Tax on Mortgage Loans

The Spanish Supreme Court has recently ruled that the person who must pay Stamp Duty tax due on the registering of the public deeds of mortgage loans is the lending entity and not the borrower. In a Court Sentence dated 16 October 2018, the Supreme Court modifies its previous Case Law and interpreting the consolidated text of the law on property transfer tax and stamp duty tax, concludes that the borrower is not the taxpayer of the latter tax in the deeds of mortgage-backed loans. But the entity that provides the corresponding loan. It considers that the transaction subject to registration is...

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