Legal tip 910. European Court on Spanish repossessions
Monday, March 11, 2013 @ 1:25 PM
Next thursday, the 13rd of March, the Justice Court of the European Union will decide if the spanish legal system for repossessions is compatible with European Directive 93/13/EEC.
This will enable individual debtors to stop repossessions and to be able to oppose abusive delay interests so debt after repossession is fully eliminated.
Spanish Civil Procedure for opposition to procedures of repossession is very limited against the individual debtor/consumer. The European Justice Court has been called to interpret "proportion" of:
- Anticipated breach of full contract, just due to lack of payment os several mortgage quotas
- Excessive delay interests, compared to other contracts where consumers are involved.
- Unilateral fixing of interests and pending debts
If on Thursday, Europe declares the unproportioned character of these matters, Judges will have an instrument to stop repossesions and analyse on abusive character of these clauses
Spanish Judge Fernandez Seijo stated that this would allow evicted debtors to return to their repossessed homes if these are not occupied yet with proper compensation of damages.
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"IMG_2775", Tarifa, Cadiz, South of Spain, by Chodaboy, at flickr.com