Legal tip 612. Keys back to the Bank: Girona Court
Monday, October 10, 2011 @ 7:12 PM
Recent October 2011 Girona Appeal Court has endorsed the view that it is “contrary to the principle of good faith" that the banks continue to demand the repayment of the debt to a family that has already been evicted from his house.
Girona follows Navarre´s decision of last December in this same sense and believes that the financial performance of Deutsche Bank is "contrary to the principle of good faith that should govern the exercise of law."
The Court explains that the bank is trying to obtain an unjustified benefit and that Courts must look for those answers which, without violating Law, are more relevant to a fair decision" and choose a solution that "does not include an unjustified benefit for that part which is involved in a strong position in the signing of a contract of adhesion.”
"Arcos de la Frontera", Cadiz, Spain, by tiubuk, at flickr.com