Big claims in favour of consumers

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15 Mar 2010 12:00 AM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

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 Legal tip 242. Big claims in favour of consumers 

On " El Economista" today: 

On the occasion of  Consumer Rights World Day tomorrow, the main associations that bring consumers  together have asked that Consumers should not be the most damaged parties of the economic crisis, and  have called for improvements in services such as finance, telephony, electricity and gas.

The president of the Consumers Union of Spain (UCE), José Angel Oliva, has complained  that the behavior of firms that raise prices or reduce the quality with the excuse of the crisis is added thebehaviour of public authorities, who, with the crisis as excuse,  put the interests of economic sectors or their own budgetary interests first  to those of citizens.

"Consumers are paying the crisis: we lose our homes, our work, we do not get credits and regulations that should protect us are used against us", according to Oliver.

Yes... a crazy, upside down understanding of Law and Economy.It happens when economy is only-benefit centered as it has been the case during the last decade or decade and a half.

A person-centered use of Law and Economy is needed. Who wants to come with us?

This is what we have been observing since the financial crisis started, particularly within the Off Plan Real Estate sector in Spain, our principal area of work: those who put deposits on off plan purchases have very low protection ( according to existing Case Law on Bankruptcy Act) if the developer enters into Insolvency:

In the avobementioned sense, our proposals and efforts so far have been the next ones, specially taking into account that, in many occassions, these deposits are a life-long amount of personal and family savings:

1) Off plan buyers have a most preferential credit: against the assets of the company; preferential to the most preferential insolvency credits, according to provision 84.2.6 of the Bankruptcy Act.

2) Banks which prove to have omitted diligence care when securing on the existence of Bank Guarantees according to Law 57/68 are liable for the refund of deposit, legal interests and legal costs accorcing to Provision 1.2 of Law 57/68.

And we are keeping the battle up!

Hierbabuena beach in Barbate ( Cadiz) by Denegro at Flickr.com

 



Posted at 08:07   Permalink   Comments (1) 



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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