Legal tip 436. Another good pieces of Case Law by the provintial Appeal Court of Murcia.
Monday, January 24, 2011 @ 2:17 PM
On the 6th of July of 2010.- Change of the contract object. 180 º change in the apartment orientation is considered by the Appeal Court as an "essential" breach of the purchase contract by the developer. The Court Decission refers to Supreme Court previous Case Law by which it is clear that in "obligaciones de dar" (obligations involving the handing of a certain object) , the seller cannot impose the buyer to receive anything different. The buyer has a right to receive an iddentical object. Similar objects cannot be imposed to be received by the buyer as this would involve a clear legal insecurity to the buyer.
On the 28th of October of 2010.- Law 57/68 is special and imperative ( non waivable) so it is always applicable regardless private agreements and regulations of private order.
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Grazalema Two Towers by Paco Ramirez at Facebook