In relation to post 420 ( The Cantabria Court decission) and answering to Ads and Keith in the Forums:
There is no need of unsolvency for the action against the Bank to be used. Just the delay, proof of money being paid into a Bank account and the lack of Bank Guarantee is needed.
As an addition, I would like to point out that even this Court decission is the most courageous of all, the essential statements on Bank liabilities were already made by the Navarre Court back in 2008 so....Case Law is not beginning but increasing. That Court in Navarre, in a Decission with same value as Supreme Court ones, established that it is the Bank that receives deposits that is obligued to request the developer, under the Bank´s liability, to obtain the Guarantees for the buyers/depositers.
This was also included in a couple of more Court decissions after the Navarre one and before the Cantabria one.
It is also very important to note the big difference on the importance of Case Law between your system ( Commun Law or Case Law based) and our system ( Civil Law or Code based), where Court Decsissions are not even a source of Law but, according to provision 1.6 of our Civil code , «complementará el ordenamiento jurídico con la doctrina que, de modo reiterado, establezca el Tribunal Supremo al interpretar y aplicar la ley, la costumbre y los principios generales del derecho», a complement of the Legal order made out of the reiterated doctrine of the Supreme Court when interpreting and applying Law, uses and General Principles of Law.
In our case, the rights for buyers and obligations by Banks are clear since 1968 when this " Public Order protection" Law was passed and which has been expressly made enforceable in 1999 by the Building Act.
The above couple of paragraphs are to say that the fight does not need express Court decissions in place if it is correctly and well foundamented in Law and General Principles of Law. If some lawyers have attacked us because of lack fo express case Law I need to say that those statements have not same relevance in our legal order as they have in the Commun Law one. If they are Spanish lawyers, they should well know! Of course, it is very important, for easying a decission by the Judge, to furnish your lawsuits with relevant precedents and Jurisprudencia, but, in pure terms and legal technique, they are not necessary for a case to be brought to Courts and be won.
Yes, Keith, the tide is changing ang again I want to express my most sincere acknowledgement and respect to your sense of Justice and your fight for the rights of all in your group and anyone without Bank Guarantee. This, your energy, together with the clear sense of a wrongly oriented financial world were the main engines of my passion for this topic. Thanks again as always.
Let´s keep fighting an working as there is much to do and say! 2011 is going to be VERY interesting!
Best regards,
Maria
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Blue Balcony in Lanzarote ( Spain), by Palestrina55 at Flickr.com