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Mostrando entradas de mayo, 2012

GM LEGAL EXPERTS WON CASE / CASO GANADO POR GM LEGAL EXPERTS

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BBVA BANK GUARANTEES FOR EL PINET DEVELOPMENT (SAN JOSE GROUP) SUCCESSFULLY ENFORCED
BBVA has just admitted the claims enforcing two bank guarantees for El Pinet, and, therefore, has met the payment of the principal, plus legal interest and defense cost.
Consequently, the bank guarantees have been enforced at no cost to our customers, who have recovered the deposit paid plus the legal interest.
EJECUTADOS AVALES BANCARIOS DEL BBVA PARA LA PROMOCIÓN EL PINET (GRUPO SAN JOSE)
El BBVA se ha allanado a las demandas de ejecución de dos avales bancarios de la promoción El Pinet y, en consecuencia, ha pagado principal, intereses y costas.
Consecuentemente, los avales se han ejecutado sin coste alguno para nuestros clientes, que han recuperado el depósito entregado más el interés legal.

NEWS ABOUT JUDICIAL DECISSIONS / NOVEDADES JURISPRUDENCIALES

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MAGISTRATES' COURT FROM VALENCIA SENTENCES THAT GENERIC BANK GUARANTEES CAN BE ENFORCED BY PURCHASERS AND BANK MUST REFUND DEPOSITS PLUS LEGAL INTEREST.
The Magistrates' Court from Valencia, following the case-law trend, has sentenced that Generic Bank Guarantees could be enforced by purchasers whose properties are not delivered by the time agreed on the purchase contract and, therefore, the Bank refund deposit plus legal interest. The Court confirms that the lack of an individual bank guarantee cannot prevent the buyer to enforce the generic guarantee agreement against the bank for recovering the deposit plus legal interest, as long as the 57/68 Act states that the rights of beneficiaries cannot be waived and the failure by the builder to perform the individual bank guarantees' delivery is not enforceable against purchasers.
LA AUDIENCIA PROVINCIAL DE VALENCIA CONDENA A UNA ENTIDAD DE CRÉDITO A DEVOLVER EL DEPÓSITO MÁS EL INTERÉS LEGAL CORRESPONDIENTE A UN COMPRADOR EN BASE…

GM LEGAL EXPERTS WON CASE / CASO GANADO POR GM LEGAL EXPERTS

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PURCHASERS OF GARDENS OF MANILVA (MANILVA COSTA SA) GET THEIR CONTRACT CANCELLED AND THE DEPOSIT PAID REGISTERED IN THE BUILDER'S BANKRUPTCY PROCEEDING DESPITE MONEY WAS PAID TO THE AGENT, OCEAN VIEW PROPERTIES, AND THE PURCHASE CONTRACT WAS NOT SIGNED BY THE BUILDER
The Mercantil court from Seville has sentenced the cancellation of a purchase contract for Gardens of Manilva phase I, together with the registration of the deposit paid as credit in the Bankruptcy proceeding, despite the money was paid to the agent, Ocean View Properties, and purchase contract wasn't signed by the developer, Manilva Costa S.A. (who originally refused to have received the deposit).
The claim filed by our Firm to show the contractual relationship with the builder, the recognition of the payment and, consequently, to get the purchase contract cancelled and the deposit registered as credit has been finally admited by the defendants (Manilva Costa and the Trustees in Bankruptcy), so our clients are read…