Legal tip 1074. Barcelona and right interpretation of Law 57/68
Tuesday, November 26, 2013 @ 3:24 PM
It was comforting to read this Case Law by Court 11 of Barcelona Appeal Court where it clearly states that rules regulating off plan purchases ion Spain are not those of the Civil Code ( 112 Cc4-1827Cc) but those contained in the special Law 57/68 which was expressly promulgated to regulate these businesses.
Property should have been delivered ( with licenses of course) by first quarter of of 2010 and by February 2011 has not been delivered: equation is clear and simple ( says the Barcelona Court Decission)
A very short and clear Court Decission which does not go to analysis of facts according to 1124 and related Case Law.
Very wise, very contundent!
Against doctrine of our Supreme Court, which says that deadline is not essential.
The whole point of Law 57/67 is built of delivery dates and consequences of delay. How deadline cannot be essential then?
Zahara de la Sierra, Cadiz, South of Spain, at facebook.com