Legal tip 443. Spanish Judges pro new paradigm: pro-person
Monday, January 31, 2011 @ 12:11 PM
Last week, several Court decissions in Spain have finally expressed the heart and suffering of hundreds of thousands of consmers and their consumers organisations.
First one , of Navarre Appeal Court, as you all know now, which establishes that once the Bank repossess a house after a foreclosure proceeding, cannot keep the claim against any other assets of the debtor. The Court decission is highly controversial as, even being most fair, it is formally against the letter of our Civil Procedure Act, provision 579.
Second one , passed by number 3 Comercial Court in Barcelona, which, after losing their home, has brought the status of "free of debt" to a bankrupted couple of retired people.
Of course Banks are appealing and are even claiming these new Decissions are against Consumers´ interests. What a .......!
The number of foreclosured houses from 2007 to June 2010 was of 230.000 in Spain.
President of ADICAE comments that the Navarre Court Decission is about Judges asking for the reform of Law and opening an innovative way to prestige Justice and deffrend citizen´s interests. SO BEAUTIFUL!
Consumers associations very wisely and groundly deffend that the decission on granting a credit is of the financial intitutions so they are who needs to face the consequences of their errors. They also argue that both the inflation and disinflation of prices of houses have been directly performed by financers. It is unfair that families carry on with all risponsabilities while Banks keep obtaining benefits.
Judges in Spain are adopting a more pro-person, social position than before. It is a change on paradigm!! Really good newa for us all... finally.
Have a great week!
Maria