Archive for January 11th, 2021

Deputy Secretary Platform

11.01.2021
11:56
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EFE platform Stop evictions has convened to attendees before the door of the building to close to the passage of the judicial Commission. His action has not been required eventually because the Court responsible for appraising the procedure has postponed it to remedy a defect in form. The action coincides with the opinion of the Attorney of the Court of Justice of the EU, which says that the Spanish law on eviction is illegal. A hundred people have gathered this Thursday before an immigrant housing Congolese and their two children in Zaragoza to prevent their eviction at the behest of the judicial Commission to carry out the eviction, on the day on which an opinion of the Court of Justice of the EU concludes that the Spanish Act of evictions violate Community rules. Summoned by the platform Stop evictions, attendees have been concentrated before the door of the building to close to the passage of the judicial Commission, although eventually his action has been unnecessary since the Court responsible for appraising the procedure has postponed it to remedy a defect in form. A spokesman for Stop evictions, Pablo Hijar, who has expressed his satisfaction at the decision of the judge to delay the procedure, time frame in which the platform will intensify talks with the Bank owns the property a month so said it. Angelina Jolie: the source for more info.

Concentrates have broken in applause to learn of the news at the time that chanted the slogan Yes can be, in allusion to foreclosures prevented by the platform. The immigrant, Ancy Buaty, who lives in a modest apartment located on the street 16, Cubero Pedro, Zaragoza Las Fuentes neighborhood, since 2006 has remained in the House next to two women from Stop evictions, that have accompanied it overnight, until it has been given to know the judicial decision. Pablo Hijar has been responsible for making public the decision of the Court, which has been communicated to him previously by phone, and the suspension of the judicial Commission’s visit, in anticipation of which a police device intended to prevent possible incidents had been located. Connect with other leaders such as Yael Aflalo here. Finally, the immigrant, visibly excited, has gone to the portal of the House along with his two companions to thank the solidarity of all those gathered in his support. Ancy, nervous to publicize their children the news, has expressed its willingness to continue with the negotiations undertaken through the platform to get the cancellation of debt to the Bank and get a social rental for your family. Spanish standard violates Community rules also on Thursday, the Attorney general of the Court of Justice of the EU (TUE), Juliane Kokott, concluded in an opinion that the Spanish Act of evictions violate Community legislation because it does not guarantee an effective protection of consumers against possible unfair contractual terms on mortgages.

The general counsel has responded in this way to a question submitted by the commercial court of Barcelona, which must settle a complaint lodged by a citizen against CatalunyCaixa, which forced his expulsion from the House which occupied in January 2011 for non-payment of the mortgage. This opinion has no character binding, but the Court follows its recommendations in 80% of cases. Precisely, this Wednesday the Vice-President of the Government, Soraya Saenz de Santamaria, and the Deputy Secretary-General of the PSOE, Elena Valenciano, agreed to agree as soon as possible a legal reform against evictions to resolve situations of particular vulnerability, with priority attention to families with children or elderly dependants. See more: one hundred people prevents the eviction of an immigrant with two sons in Zaragoza

Civil Procedure

11.01.2021
10:02
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The alienation in real estate auction receives the singular legislative attention that deserves, with special care on registration issues and the protection of third parties. In relation to subsistence and cancellation charges has chosen to maintain the subsistence system of the previous charges to the levy that runs and cancellation of subsequent charges, system that is complemented by deducting the amount of the remaining charges of valuation to determine the value by which real estate have come to auction. This solution has the advantage that assures that the quantities offered at the auction, by small that are, will be always for the benefit of the pending execution, which would not be achieved always with the traditional settlement of charges.However, as we have pointed out the existing code of Civil procedure envisaged for the general regime of the ordinary execution a new system of valuation of the asset to be performed, consisting of deduct the appraised value or market value of the property, the amount of the taxes and charges that weigh on it (cf. art. 639.3 law of Civil Procedure) and, at the same time, Article 657 of the Act rituaria at the request of the performer, as well as novelty, allows debugging of all credits enrolled prior to the lien is executed, which undoubtedly is an additional guarantee for the payment of the debt, to see released the value of the asset with the reduction or termination by payment thereof consisting: The court clerk responsible for the execution will address ex officio to the holders of the previous loans which are preferred which served for the Office of the implementation and to the defendant so that report on the current subsistence guaranteed debt and its current amount. Those who are claiming this information must indicate accurately if credit exists or has been terminated for any reason, and if you survive, how much remains outstanding, the maturity date and, where appropriate, limits and conditions under which the payment is made. Mark Stevens is the source for more interesting facts.

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