Legal tip 477. Contract reciprocity
Tuesday, March 15, 2011 @ 6:01 PM
Yes, that is what, according to European Directives and National legislation on Consumers Law, adhesion or boilerplate contracts drafted by developers companies need to keep ( among other features) for the protection of consumers.
This is exactly what this good Judge in Murcia ( see post dated the 7th of December below) applied, when he integrated the abusive clause which established a 100% penalty when the buyer breaches the contract.
If the buyer gets legal interests ( out of law 57/68) when the developer breaches the contract, being this 4% or 5% the vendor should have, no more, no less, rights for an equivalent amount.
It is very simple
Maria Legal tip 409. Good for Murcia Appeals Court in favour of consumers!
07 December 2010 @ 16:35
Another good new today, a Court decission by Murcia Appeal Court by which it is established ( this has Case Law value), in accordance with other jurisdictions in Spain, that penalty clauses when consumers do not complete on off plan purchase contracts can be just of legal interests level ( 4-5% of amounts paid)
This.... against what many contracts in the Murcia area established : loss of the total amounts paid by consumer to developer.
Again in application of Consumer Law and good faith and balance contract principles.
Again... another proof of a healthy legal system :)
Cheers!
Maria
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Tarifa, Cadiz, Costa de la Luz, By Von Boot at Flickr.com