Legal tip 387. San Javier Court going pro-consumer and against a clause of a Polaris contract
Thursday, November 4, 2010 @ 1:55 PM
A recent Court decission won by our Law Firm in San Javier, declares abusive the clause of Polaris contracta by which the developer tries to retain the whole lot of paid amounts after the cancellation of the contract by the said developer.
The decission is based on applying Royal Decree 1/2007 which says that those clauses which have not been negotiated on an individual basis need to be clear, simple and legible, being essential the presence of good faith and fair balance between rights and obligations of the parties
Provision 82.4 of the said Royal Decree explicity describes as abusive all those clauses which link the contract to the company´s will, limit rights of consumers and users, lack reciprocity, restrict guarantees in an unproportionated way, wrongfully impose to consumers the burden of proof ,or are in any way unporportionated to the execution of the contract or contravene rules about jurisdiction or applicable Law.
Good again for litigators!