Judges for Democracy ( Jueces por la Democracia) (JPD) and the Progressive Union of Prosecutors (UPF)call for the implementation of exemptions for mortgage debts after repossessions "to adapt application of Law to the social reality that we have today and that is different from three years ago."
JPD and UPF warn that "the risk of spreading social exclusion is serious," given that household debt is causing a "torn of the social fabric, which is the main source of consume and saving ".
"Protecting families is essential for a rapid recovery from the crisis and, therefore, we want to take our part when it comes to interpreting the law in the most favorable possible to the social reality in which we live. Always within legal margins, “asserted Calvo.
Meanwhile, she pointed out that beyond the legal margins, both associations request the State to - "regulate the possibility that delivery of the mortgaged house to the financial institution closes the debt”, taking into account that the current crisis, which is causing many defaults by households "have not been caused by citizens, but they are who are suffering the most out of it."
Both entities claim the Central Executive to amend the mortgage enforcement process “preventing properties to be auctioned for a value well below its valuation, thus impeding the possibility for financial institutions to acquire houses for half of the sale value. At the same time, they consider that "ultimately, the award should be produced to the creditor for the value of the debt."
They also propose to "moderate or stop the accrual of interest on arrears for a period of adjustment of the periodic payments".
These all above "does not mean they're cheering for the judges to make an overflow to the existing legal framework, but for them to remain at their limits with an interpretation of the rules, according to the current social reality."
Meanwhile, they have stressed that the legislative branch and the Congress of Deputies must courageously face the regulatory changes necessary to come out of the crisis the strongest we can”
The spokesman of the Progressist Union of Prosecutors and delegate of the Anti-Corruption Prosecutor of Catalonia, Emilio Sanchez, has also stated that judges "will never go beyond the law, but we can apply it through the principle of equity. Therefore, "where the law is not enough, we suggest possible avenues for government to change legislation."
As a very basic added note by us, we want to add that our Civil Code, in his preliminary title when describing on how Law needs to be applied in Spain says:
Artículo 3.
1. Las normas se interpretarán según el sentido propio de sus palabras, en relación con el contexto, los antecedentes históricos y legislativos, y la realidad social del tiempo en que han de ser aplicadas, atendiendo fundamentalmente al espíritu y finalidad de aquéllas.
2. La equidad habrá de ponderarse en la aplicación de las normas, si bien las resoluciones de los Tribunales sólo podrán descansar de manera exclusiva en ella cuando la Ley expresamente lo permita.
Article 3.
1. Laws will be interpreted according to own meaning of their words, related to the context, history and legislative precedents and the social reality of time when they need to be applied, paying main attention to the spirit and purpose of those.
2. Equity will have to be pondered when applying Laws, even though Court Decissions can just be based on that when Law expressly allow it.
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