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Succession

Succession

Disinheritance of children due to psychological abuse
Elevator maintenance

Elevator maintenance

Nullity of duration clauses and excessive notice in successive contracts This case deals with a typical contract for “preventive maintenance” of elevators, which are not fulfilled in a single day, but are provided month by month (what is called in law a successive contract). A maintenance company sued a community of owners because it decided to terminate the contract before the agreed term expired. The company claimed two things, on one hand, that unpaid invoices were paid; and, on the other, compensation for “breaking” the contract early. The conflict revolved around two clauses of the contract where one set a duration of 3 years and the other required a notice of 180 days (six months) in advance if one wanted to terminate the contract. The community argued that these conditions were abusive in the case of a consumer (in this case, the community itself). In the first instance, the court ruled in favor of the company, ordering the community to pay both the compensation for early termination and the outstanding invoices (in addition to interest and costs). However, on appeal, the Provincial Court of Málaga changed the criterion, declaring the 3-year duration clause and the 180-day notice clause null and abusive. What is the practical consequence? If those clauses are invalid, the company cannot rely on them to demand a penalty or compensation for having terminated the contract early. Nevertheless, the community must pay what it actually owed, the outstanding invoices for services already rendered. The Supreme Court confirmed this outcome, the duration and notice clauses are considered null, no compensation is due for ending the contract early, and only unpaid invoices are owed.
Public procurement

Public procurement

Works carried out in execution of a public contract declared null
Divorce with exclusive property

Divorce with exclusive property

Can the owner sell it before settling the community property regime if it was partially financed during its validity?
Participation in business

Participation in business

Loan or participation account?
Misappropriation

Misappropriation

Instrumental transmission of social shares to operate bank accounts
Urban leases

Urban leases

Does a reversible work by the tenant give the owner the right to terminate the contract?
Doctrine of own acts

Doctrine of own acts

Binding of the insurer to the compensation offered
Foreign Affairs

Foreign Affairs

Cancellation of the obligation for individuals to exclusively communicate electronically
Crimes of misappropriation and fraud

Crimes of misappropriation and fraud

Misappropriation of amounts delivered to complete a housing promotion The case revolves around a real estate promotion in Riogordo (Málaga), consisting of 20 homes, managed by a promoting company. In the first stage, two people were listed as joint administrators (although one of them handled the daily management). Between 2008 and 2009, several homes were sold and buyers delivered amounts on account. Some were even given the keys, despite the fact that the work was not actually finished (it was said to be 90% complete), no deed was granted, and the construction company ended up abandoning due to non-payments. The result was that buyers found themselves living in houses without deeds and without a clear situation in the Registry. Some time later, those administrators sold their shares and a third person entered as the sole administrator. This new administrator was aware of the previous problem, but still asked some buyers for additional money (for example, 8,000 euros) on the argument that it was to complete the promotion. The relevant point is that this money was not used for what was promised nor was it returned. Furthermore, between 2010 and 2011, new sales of homes occurred under similar conditions, and later the entire set of 20 homes was sold to another company, generating a serious conflict between those who had bought earlier and those who appeared later as titleholders. The Provincial Court acquitted the first two administrators (it was not proven that they had diverted the money), but convicted the last one for aggravated misappropriation and fraud. The Supreme Court (TS) confirmed the conviction and rejected the appeal as it did not accept reopening the evaluation of the evidence and considered the denial of new documentation correct because it referred to subsequent facts and was not relevant to what was judged.
Work contract

Work contract

What if I repair the defects?
Child support

Child support

Consideration of extraordinary expenses not necessary for private or non-local university studies
Transmission rights

Transmission rights

Intervention of the widowed spouse of the transferor in the partition of the inheritance of the first deceased
Liability of the Administration of Justice

Liability of the Administration of Justice

Cancellation of an 18-year prison sentence
Union law

Union law

The CJEU supports the Amnesty Law for normalizing the situation in Catalonia

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