This judgment was issued by Court No. 3 of Granadilla de Abona and it declares the nullity of the contracts signed by my clients with the developers and management companies of the "Fairways Club" …Read More
It is a judgment of the Court of First Instance No. 1 of Maspalomas. This Court, together with No. 5, are the only two who are not holding Trials because they do not consider the interrogation of my clients necessary, so they issue a judgment directly after the Preliminary Hearing ("Audiencia Previa")Read More
This is a Court of First Instance judgement. It was issued last year, in June. Now is on appeal by Anfi. This second stage may take another year and a half or even two, depending very much in which Court of Appeals and Room deals with the case.Read More
On this occasion, Room 4 of the Court of Appeals upheld the sentence issued by Court No. 4 of San Bartolomé that had already declared the contract null and void, in this case condemning Puerto Calma Marketing and Vista Amadores to pay to my clients the sum of 24,439.42 euros.Read More
In this judgment the Court of Appeal has declared the contracts null and void, ordering Silverpoint Vacations to return the sum of £ 52,550.35 plus another £ 88,960 in concept of money unduly anticipated. In addition, the judgement, as can be seen in the yellow highlighted ...Read More
In general terms what the Supreme Court has ruled is that:
a) Undetermined object. Timeshare contracts must have a clearly determined and described object, according to the mandatory requirements set in the law. This is why floating or even apartments describes as "T1-2Bed", etc, are ilegal...
b) Indefinite period of time. It is not only that perpetuity contracts are null and void, any contractRead More
Court of First Instance num. 3 of Arona.
Ordinary Proceedings 367/2015.
Your honor, Dña. María de los Angles Antón Padilla, declared the contract signed between my client and Silverpoint null and void because there were no reference to its termination date and the object had not been described as article 9.1.3 of Law 42/98 requires.Read More
I have recently come across this article, written by professor Joaquín J. Forner that published in the International Company and Commercial Law Review, 2015 [Sent September 2015]. For its undoubted interest I reproduce it below:
"Nullity of Contracts. Timesharing. Inter Temporal Law. Norwegian Claimant. Spanish Supreme Court, Civil Division. Judgement of 15 January 2015 (74/2014) (XV. ANFI SALES, SL) by Joaquin-J Forner.Read More
Your honor, Dña. Etelvina López Jiménez, declared the contract signed between my client and Silverpoint null and void because there were no reference to its termination date and the object had not been described as article 9.1.3 of Law 42/98 requires. The client is considered a consumer and is granted the return of all the money paid for the signing of the contract as well as the amounts received on the same day of signing. Surprisingly is not awarded legal costs. This concrete legal aspect will be appealed in due course.Read More