Nullity timeshare contract’ll Real Estate: Court of First Instance number 53 of Barcelona. In March 2014.
- December 22, 2014
- Sara Benjelali
- 1 Comentario
Marriage suing the Financial Institution and Commercial Real Estate requesting the annulment of the timeshare contract and the nullity of the contract signed personal loan to pay for the purchase of the “Timeshare” jointly and severally with repayment of all amounts received by the company and the bank, including amortization of principal, interest and fees, since inception of the contract until the effective suspension of payments of the installments of the loan, less the coupon, plus statutory interest. Plus payment of the costs incurred.
The failure of the judgment proceeded to full estimate of the lawsuit filed by this office, declaring invalid the timeshare contract and contract linked loan from the bank, as there is lack of content and indeterminacy of the contract. Crippling defect of consent given by the marriage of essential error (willful misconduct of the merchant) and invincible were accredited. Also was established that the bank acted in concert with the company, so that the nullity extended to the accessory connection with the financial institution in relation to the intrinsic connection management. Full refund of amounts paid to marriage and severally pay statutory interest on the amount subject to condemnation from the filing of the application and payment of the costs.