El blog de Maria

 The Breach: A Fraud of Law, according to the Spanish civil Code is made when  an act  is made under the coverage of a Law but aiming a result whish is forbidden by or against the legal order.

The Penalty: These acts will be considered as commited in Fraud of Law and the norm which has been tried to be avoided will be applied.

In simple terms: a fraudulent use of Law is punished with the correct use of it.

In our area of interest:

A bank and a developer trying to avoid the obligation of issuing and securing the issuing of  Bank Guarantees under the coverage of the bank not opening a "special bank account"... will produce the application of the Law whih has been tried to be avoided  and will result in the payment of deposit plus legal interests by the Bank.

I have been discussing this option with one of the Professors of Civil Law in University of Seville, which I attended for my Law degree ( 1990-1995), a great academician who won his Ph D where the best do it :  The Spanish College at Bologna.

I specially enjoyed the last sentence of his today´s email:

"Y es un placer que encontraras la forma de meter el diente a la megacorrupción bancaria que se extendió en la última década.."   ( It is a pleasure that you found the way to get your teeth into the Banks´ mega-corruption which was spreaded during the last decade)    
Golden Colours in Aranjuez, Spain by Albert78000 at Flickr.com