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DIFFERENCE BETWEEN VACATIONAL AND SEASONAL RENTAL
24th February 2023 -
DIFFERENCE BETWEEN VACATIONAL AND SEASONAL RENTAL
23rd February 2023 -
DIFFERENCE BETWEEN VACATIONAL AND SEASONAL RENTAL
22nd February 2023 -
DIFFERENCE BETWEEN VACATIONAL AND SEASONAL RENTAL
21st February 2023 -
HOW THE CADASTRAL REFERENCE VALUE AFFECTS THE SALE OF THE HOME AFTER A DIVORCE OR INHERITANCE
20th February 2023 -
HOW THE CADASTRAL REFERENCE VALUE AFFECTS THE SALE OF THE HOME AFTER A DIVORCE OR INHERITANCE
19th February 2023 -
HOW THE CADASTRAL REFERENCE VALUE AFFECTS THE SALE OF THE HOME AFTER A DIVORCE OR INHERITANCE
18th February 2023 -
IT IS POSSIBLE TO RECTIFY THE EQUITY GAINS IN THE IRPF ONCE THE INCOME CAMPAIGN IS FINISHED
17th February 2023 -
Spain, fourth most attractive European country to invest in 2023, according to CBRE
16th February 2023 -
THE BANCO DE ESPAÑA ASKS THE BANKS NOT TO GENERATE FALSE EXPECTATIONS IN THEIR RECORD CAMPAIGNS
15th February 2023
THE DEADLINE TO CLAIM MORTGAGE EXPENSES REACHES THE CJEU
28th August 2021REAL ESTATE, NEXUS GROUP, INFORMS:
On the one hand, the speaker, Judge Pedro José Vela Torres, highlights that the initial day of the statute of limitations could be considered that of the sentence declaring the nullity of the clause. However, the magistrate warns that this solution may be contrary to the principle of legal certainty, which is one of the principles of the EU legal system.
In this regard, the magistrate assures that, in practice, this option converts the restitution action into imprescriptible, since the limitation period cannot begin until an action (that of nullity) that is imprescriptible in the Internal law, as it is an absolute nullity.
In addition, he indicates that the principle of legal certainty could be seriously compromised if it were to give rise to claims related to contracts consummated and terminated for decades.
And as a second option, it is proposed that the initial day be the date of the Supreme Court judgments that established jurisprudential doctrine on restorative effects (judgments of January 23, 2019) or the date of the CJEU judgments that declared that the restitution action could be subject to a limitation period (SSTJUE of July 9, 2020, Raiffeisen Bank SA, or of July 16, 2020, CaixaBank SA).
However, the rapporteur, Judge Vela Torres, warns that this criterion raises the problem that it may be contrary to the principle of effectiveness, since it is doubtful that an average consumer, reasonably attentive and insightful, can be aware of the jurisprudence of the Supreme Court or of the CJEU on the matter.
The doubts of compatibility with European Union law raised by both options justify for the Chamber to raise the question for a preliminary ruling.
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