Professional responsibility of lawyers
Section: Juris. civil , Decisions
"III .- The second and third reasons are addressed to point out that there has been no lack of diligence in the performance of the lawyer or any damage has been generated by their action. You understand that the procedure of voluntary jurisdiction was not adverse to the document will, but that has not reached its declaration of nullity, no other proven that the said document can not assert title as another inheritance, as a codicil, and, as he did not oppose the action of request of inheritance of the heirs of the cause, nor made counter-demand, you can now understand that the actions of the lawyer was negligent, much less, which has caused damage.
This room must analyze the arguments expends the appellant referred to the lack of diligence and the absence of damage. Read the rest of the article »
The state credit is approved definitively by the Court of Magistrates: there is no room for appeal.
Section: Juris. civil , Decisions
"That as recently pointed out the MI Court of Justice for Aunt dated 27 January 2010:" Articles 37 and 38 of the Decree on procedure and judicial settlement of bankruptcy, 4 October 1969 , written by the Transitional Act proceedings, dated 23-12-1993, and therefore, once the Constitution was adopted and became effective in the Valleys of Andorra, include the event in question. Thus, Article 37 provides that a state administrator form of loans and propose the admission or rejection, indicating the privileged status they deserve. The speaker of the Civil Section of the Court of Magistrates verify these proposals. Read the rest of the article »
Tags: credit , bankruptcy
Usuraris Interests: nature and scope
Section: Juris. civil , Decisions
"II .- With respect to the amount of interest that claim in this proceeding should be noted that the undefined concept of usury be specified in relation to the circumstances of the case, both derived from the general economic situation, such as private contracting, and that, given these parameters, it is understood by those usuraris higher than usual cash at any given time.
In this case the agent that the loan granted was intended to defend the use of a person who can not be considered professional in the field and signed a contract of adhesion, why should be understanding of the article Read the rest »
Tags: interest
Interdict new building: scope and requirements
Section: Juris. civil , Juris. Litigation , Jurisprudence
"It is discussed that, follow this approach, Mr.. JMS built an opening in the lower house of the new plant was built just at the limit with that band so that vehicles could access the property from the "Way of the Roc" as it was found later the visual inspection that took place the Hon. Acting Mayor of duty, without having tested it intended to open windows or other openings in the building for light or views. Messrs. AFN and JFN were opposed to opening the understanding that this action was carried out on the edge of the properties of the litigants and the prediction of their constituents, and contrary to what was collected and Catalan Costumari Consuetuds of Sanctacília and for this reason They apply for unemployment urgent and immediate works on 23 February 2006, a request which was Read the rest of the article »
Tags: injunctions
Incompetence of the civil jurisicció for the annulment of a swap with the municipal administration
Section: Juris. administrative , Juris. civil , Decisions
"The present dispute is not, contrary to the aims sought, to determine whether Mr. JCG was owner of the land swap, so if you could give Mr. regularly. JAM, but the object of the procedure is only the annulment of a land swap with a public entity for lack of standing to one side, specifically the alleged owner of the land exchange, and therefore the null of mind of an administrative act. Indeed, Mr.. JAM, the defendant should not prove anything, it is up to the plaintiff to prove his ownership of the land litigiós. The agreement established between Mr. JAM and the Hon. Corresponds to a common exchange of communal territory with a portion of the article Read the rest »
Tags: as , jurisdiction , exchange
Novation tacit
Section: Juris. civil , Decisions
"II .- As a first instance ruling against tort defense the appellant that the contract signed between the parties was never subject to tacit renewal with regard to the date of delivery of housing to be was under construction.
However, the data contained in the proceedings shows that, contrary to the appellant argues that the contract between the litigants was the subject of a circumstantial renewal deadline in respect of which the seller had delivered promitent Buyer drives the object of the real estate deal. In this sense, it was tested that had elapsed after the date of delivery of the same in December 2005 or, at most, in April the following year, the purchaser promitent continue to pay the sums of the article Read the rest »
Tags: innovation
Real Estate Brokerage: meritament committee
Section: Juris. civil , Decisions
"III .- Secondly the appellant argues that there was no causal relationship between the performance of the property and the sale of the house that was made by him individually, but this conclusion can not be admitted.
As pointed out repeatedly that room, so that the intermediary may charge a sale commission that is responsible is necessary that the contract be held as planned because of the professional intervention of commission, ie, must have a causal nexus existed to allow the sale of perfection attributed to the actions of the intermediary link exists when the seller of the article Read the rest »
Tags: brokerage
Contract of adhesion: interpretation. Resolution of the contract of sale
Section: Juris. civil , Decisions
"II .- The arguments of the appellant can not be accepted because of the fact that the contract does not state that it promised to sell the house should have two rooms is not relevant when it was accompanied by a map the apartment, which was also signed by the parties and should be considered integral to the agreement of wills, which was collected in this situation clearly (folio 19).
You can not argue that it was a map and approximate guidance only, as stated in the contract signed between the parties, because you understand that this rating could refer to incidental details of the apartment, but not a reason Read remainder of this article »
Tags: sale , contract of adhesion
The economic crisis does not force the bans agreed to modify the interest
Section: Juris. civil , Decisions
"The fact that there has been a crisis like the present does not force the banks to modify the conditions under which they agreed to certain loans or contracts, the courts have no authority to moderate them for this cause, as pact on interest or fees can not be identified with the penalty clause, as it follows the same sentence in this room of 22 September 2000 the appellant provided the answer to the demand, as maintained regardless the fact that the creditor has not suffered any damage as a result of the failure of the debtor and can only be reduced if usuraris. The crisis that affects us is, moreover, a circumstance that could provide both financial institutions and individuals, Read the rest of the article »
Tags: interest
Inadmissibility of the appeal under the homeowners in the process of debt collection
Section: Juris. civil , Decisions
"III .- With regard to other grounds of appeal or grievance, it should highlight the following. This resource challenges through two different extremes, such as on the one hand, the existence of defects in the announcements of the meetings of owners, as well as the same, which would result in the annulment of right and on the other hand, questions the accumulation of offices of President and Secretary in the two co-owners of the same building unit. This room should highlight the Horizontal Property Act of 30 June 2004 declaring a procedure designed for fast and simple common complaint of debts, so that in defending the same can only discuss the origin of financial claim against it, Read the rest of the article »
Tags: homeowners
Requirements as to the effectiveness of the donation
Section: Juris. civil , Decisions
"I reached this point can not be argued, as the appellant intended that the grant requires a requirement to transfer the domain to the same place on a public document and that the said form shall be considered as formal ( an ad solemnities). Indeed, this room has had the opportunity to show how the form is not a public demand for a donation in the legal system of the Valleys of Andorra. Thus, this room, in ruling of 17 July 2006, already showed that about Read the rest of the article »
Tags: donation
Temporary suspension of corporate agreements within the framework of the precautionary measures
Section: Juris. civil , Decisions
"II .- The first of grievances or grounds can not succeed for the reasons then exposed. The jutjador quo equates to the precautionary measures of temporary suspension of the resolutions adopted and the embargo, but precautionary measures in order to equate seeking, ensuring consistent and the result of a possible future court conviction. And from this perspective, argues that the precautionary measures, in its various forms, require the existence of an appearance of good law (Prima facie case) and the danger that the court which issued it becomes unenforceable (periculum in arrears). And these considerations are perfectly acceptable in this room, so the first of the reasons or grievances should be rejected. Read the rest of the article »
Tags: companies
Deprivation of parental rights
Section: Juris. civil , Decisions
"In accordance with Article 38 of the law of qualified adoption and other forms of protection of the helpless child, deprivation of parental rights may occur when the parents for abuse, habitual drunkenness, notorious misconduct, crime or deficiencies in custody, supervision and education of the child clearly put at risk the health, safety or morals of children, or when a measure of educational assistance has been determined by the child and voluntarily abstained, for over a year to exercise rights and fulfill obligations laid down in Articles 34 and 35. Read the rest of the article »
Tags: custody
Transfer of a business: hidden liabilities, owner's consent
"I - have been credited to the actions on 29 July 2006 Mr. DRM stated that hold both administrative and business owner "M. Bar," he transferred goodwill, furniture and goods existing at the date cited in the establishment to Mr.. JGM and Mrs. MNL for a price of 72,758.40 euros, of which 12,000 euros must be paid at the time of the contract and 1781.60 per month from one of setembredel 2006 to one of the same month of 2008, when what the aforementioned gentlemen deliver the remaining 18,000 euros and Mr.. DRM cede ownership of the business. Read the rest of the article »
Tags: transfer
Recovery by the lessor of possession of the rented flat at the end of term damage to the floor
Section: Juris. civil , Decisions
"However, the appellant does not deny that on 29 February 2008 he was offered the return of the possession of the apartment and she refused, and as the Sentence Trail highlights the fact that the property in question is not, in the opinion of the owner, keeping in the right conditions do not justify its refusal to accept such an offer, but that would have been appropriate, as it did at the time of collecting the keys deposited the Magistracy, accept the return of possession to the reservations and ask relevant notary rising record to prove the condition of the property, retain the amount deposited in a deposit until you assess the damage This presented. For this reason, we believe that the day ended the contract and was offered the return of the possession of the property that was available to the appellant and refused to receive compensation claim for wrongful occupation until the defects were repaired, in his opinion, had leased the property involved unjustified harm to the tenant. "
Judgement of the Civil Division of the High Court dated 29/4/10, speaker E. Amat, Aunt 013/10.
Tags: lease
Distribution of water and heating costs as coefficients of the homeowners
Section: Juris. civil , Decisions
"III .- As far as the costs of heating and hot water, the appellant argues that these are not common to all co-owners, but deprivation of each, in accordance with the provisions of Articles 25 and 28 of the Statutes of the Community and 13 of the Horizontal Property Act, as they are capable of individualization. For this reason, considered not to apply the coefficients relating to the expenses common to point to the Statute, taking into account that there are real estate units in the building, such as storage or parking spaces, which are heated or hot water. Read the rest of the article »
Tags: homeowners
Payment Logues done by a third party. Verbal lease contract.
Section: Juris. civil , Decisions
"The arguments of the appellant can not succeed because, although it is true that Article 27.1 of the Law on Urban Real Estate Leasing determines that the obligation to pay the rent the tenant is, nothing prevents it to be a third the person to comply with this requirement, although it is not the debtor, so that the landlord can not refuse to receive the benefit from a third as long as this fits that agreed. For this reason, the fact that payment of rent does not make tenant who is not registered as an indication in itself sufficient to consider that from that time showed that the condition which had taken place. Read remainder of this article »
Tags: lease
Reintegration of goods to flow hereditary. Apliacble law of succession
"III .- One must previously shown that a band sets L.-R. were married under the regime of separation of property, and the other, both being of French nationality, and being the last home of the deceased in France, the relevant law to regulate the inheritance, the French Law that Article 778 of the Civil Code states that when one of the heirs has hidden assets or rights of succession should be considered as having accepted the succession without being able to claim property rights or hidden.
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Tags: Inheritance
Liability of a commercial establishment for the existence of an ice sheet on the sidewalk
"II .- It has proven to actions on 4 March 2004 Mrs. RSM fell to the Hotel C. a result of the slip caused by a plate of ice that was on the sidewalk. As pointed out by properly jutjador instance the assumption that it is examining the success of an action of tort or aquiliana is the presence or absence of negligence in the act or omission.
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Scope of common elements (alteration of the windows) in the field of homeowners
"As for the aluminum closure of access to the terrace, we note that Article 5 of the internal regulations of the Commonwealth provides that common elements are the balconies and windows and blinds and general exterior of the building while in Article 7 provides that private property are the windows rules emphasize that these are proprietary in its inner part, while the outside can affect something as common is the front, so that the owner of a house divided into horizontal property can change Read the rest of the article »
Tags: homeowners
Lesion of the right to honor legal persons
"I - do not exist in Andorran law, specific legislation guaranteeing the matge honor of legal persons, although Article 14 of the Constitution stipulates that guarantees the right to privacy, honor and self-image, so the action in compensation for moral damages is governed by common law, concretitzat regarding liability for the Lex Aquilia requiring all 3 requirements, namely a prejudice, a fault, and causal link between prejudice and guilt.
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Tags: fundamental rights
Interim measures and provisionalíssimes in the process of separation: the nature and scope
"As this room has had the opportunity to say repeatedly, both provisional measures as provisionalíssimes which includes Article 51 LQM can be aimed at both personal issues and heritage. This article lists the quoted referring to the use of the family, custody and care of minor children, spouses' contribution to the burdens of marriage, maintenance and administration of the goods of marriage and fixation of pension for the children.
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Tags: separation
Extension of the bankruptcy, Art. 69 of the decree on bankruptcy proceedings, Sole Shareholder
"II .- This appeal can not succeed for the reasons then exposed. Firstly, making the resolution request is not necessary to justify the declaration of bankruptcy or in response to fraudulent actions constitute bad faith, just as it can not be argued that the social goods have been used for specific purposes.
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Tags: bankruptcy , Sole Shareholder
Actio quantitative minorities to buy a vehicle
"Because of these facts the agent made the demand that gives rise to the present proceedings against those who sold him the car, exercising an action to reclaim wastewater for hidden defects of the thing acquired in its method of quantitative ACTIO minor, which regulates Digest 21,1,63, understanding that his client had known the defect affecting the vehicle would have paid a lower price than they paid, it was necessary to specify the amount of repair .
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Tags: bad habits
Justify the double double indemnity insurance cover
"At this point the appellant argues that the decision of the sentence that Mr. Trail to love. Jfr not entitled to receive compensation for damage suffered by the vehicle twice, as he intended, but can only claim to defend the amount of 270 euros to the company "X SA "was deducted from the value of the vehicle as a result of the franchise agreed. Read the rest of the article »
Tags: insurance , compensation
Neighborly relations - easements. Easement for the target parent
"V. - Given these considerations, it should be noted that both the Digest 39.3 and 48 of the ordinance of the Ordinacions Sanctacilia, contained in Volume II of the Constitutions and Other Rights of Catalonia, the owners have farms of less than are required to receive rainwater that will come naturally than predicted, but can not put obstacles in the course of the water or alter the system or make it more carregós. Read the rest of Article »
Tags: easement
Community notifications to owners of one of its members, according to articles 34 and 12 of the Horizontal Property Act
"The Hon. Battle for providence of 5-9-2008, in accordance with Articles 34 and 12 of Law 12/2004 of 30 June of real estate, required for the agent to furnish the second name Mr. AA and prove that having both defenents notification under the provisions of Article 12 of Law 12/2004. Therefore, we can not agree with the appellant has been given pursuant to the providence of 5-9-2008. Indeed, Article 12 requires Read the rest of the article »
Buying or something to hold true. Desllindament. Exercise civility of serfdom
"II .- Regarding the first of these questions, this room has already shown in settled case law, that real estate purchases can be made explaining the place and setting the price of the property in relation to the surface the property, so if there is more or less fit can exercise economic or rebalancing actions, even if the excess or diminution of the room exceeds certain margins, resolution of contract action.
Deal with these cases, other parties are interested in acquiring a certain body, so that the indication of a date is more room, but that does not mean, in case you do not comply with the expressed the true Read the rest of the article »
Tags: sale , desllindament
Vice consent to the granting of an agreement
"II .- The arguments on which bases its appeal Mrs. MCR can be broken down into two groups: one side argues that his depressive state, caused by the problems that led to coexistence with Mr. PJS, led her to sign an agreement in which granted the custody of his son to the father of the child without her consent had been given a free and conscious, and another, the psychological defense that the affected was mild and did not mean that you were impossible to care for your child properly. Read the rest of the article »
Tags: flaw in consent
Custody of children: agreement between parents. Food Board
"In any case, even if true coexistence that the appellant alleges that fact can not have any impact on the issue of custody of the child. It is true that the agreement that the litigants agreed on 1 August 2006, at the end of their relationship, it was agreed that attributed the custody of the child to his mother, but that these would be revised agreement if living in a stable partner (folio 19). However, deciding which of the two parents should be granted custody of a child is a power of the courts and they must act in view of its profit and interest, without being able to read the rest Item "
Tags: custody of children
Injunction to recover possession: scope excludes proprietary issues and the best right to own
"IV .- For all these reasons, had rejected the request by Mr. FG and, therefore, confirmed the sentence distance, so named by restraining recuperandae possessions, which includes the Digest 43.16 and 43.24, we can not discuss the ownership of a certain strip of land, not even the better right to possession of the litigants, but the purpose of this procedure is to return the property who has been private and can not restore it when it has never had or no longer had much earlier the act of dispossession that is allocated to defend.
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Tags: injunctions
Terms of the contract work as opposed to society and industrial partner
“II.- Pel que fa a la inexistència d'una societat civil, aquesta Sala ha de coincidir amb la resolució judicial dictada a la instància. Així, els arguments que justifiquen el manteniment de la resposta del jutjador a quo són els següents. En primer terme, l'anàlisi del conveni de 12-12-1985 posa de relleu que el Sr. RSF va atribuir a COPSA la facultat d'urbanitzar la finca “Les Comes de Guem” i apoderar al Sr. F. a actuar en els actes de venda, rebre pagaments a compte i escripturar.
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Tags: societats
Improcedència de la renovació tàcita de les pòlisses de crèdit
III.- El Sr. DHJ pretén que les referides pòlisses de crèdit no eren exigibles per haver ésser renovades tàcitament a la data de venciment, d'acord amb les condicions generals dels contractes d'obertura de comptes corrents. Es cert que l'article 7 de les condicions generals dels contractes d'obertura de les comptes corrents, estipula que: “Les condicions dels comptes o operacions a termini seran mantingudes fins que venci el dipòsit. Salvat instruccions en contrari,
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Tags: compte bancari
Els llibres dels banquers com a element de prova en el judici
“III.- Encara que BASA no hagi precisat en el seu escrit de demanda que la quantitat reclamada corresponia a la regularització d'un error del Banc, les parts defenents no es poden queixar d'una qualsevol indefensió, ja que rebien periòdicament els fulls de moviments de compte en que totes les operacions estan reproduïdes i que encara que s'hagin estranyats del dèbit que presentava el compte, mai han demanat explicacions al Banc o aixecat cap observacions, el que suposa que coneixien perfectament la raó del dit dèbit.
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Tags: compte bancari
Obligació del banc al lliurament de la documentació del compte
“II.- El motiu del recurs, consistent en que la presentació de la demanda ha estat necessària per a l'obtenció de la documentació sol·licitada, ha de ser acollit i la sentència revocada. En efecte, del relat dels extrems fàctics que s'ha realitzat, ha restat provat que solament es va produir, abans de la interposició de la demanda, un lliurament parcial per part de l'entitat bancària de la documentació que li sol·licitava un dels seus clients ia la que esdevé obligada en atenció a les disposicions contractuals i al deure de bona fe que integra les mateixes. I solament amb la contesta a la demanda s'adjunta aquella documentació, relativa a la societat agent, que li era sol·licitada.
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Tags: compte bancari , documents
