Spanish Corporate – Real Estate Legal Update Nº 33

    View Authors March 2017
    Welcome to the latest issue of our Spanish Corporate-Real Estate Legal Update where you can find relevant information related to Corporate-Real Estate.

    This issue contains the following articles:

    Shareholders’ Right of Separation When There Is No Distribution of Dividends 

    Article 348 bis of the Capital Companies Act once again effective on 1 January 2017

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    The Constitutional Court Declares Tax on the Increase in Value of Urban Land to Be Unconstitutional in Cases of Decrease

    Supreme Court Judgment of 16 February 2017 

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    Clauses Obliging Borrowers to Pay All the Costs of Formalising a Mortgage Declared Void

    On December 2015 the Civil Division of the Supreme Court gave judgement finding the clause to be abusive under which a credit institution, when entering into a mortgage agreement with a private individual, made the borrower liable to pay all the costs, taxes and charges deriving from the loan.

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    Royal Decree-Law 1/2017, of 20 January, on Urgent Measures to Protect Consumers Regarding Floor Clauses

    Royal Decree-law 1/2017 dated 20 January

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    New Order of the Ministry of Finance Regarding Tax Declaration Forms

    Order HFP/1923/2016 (19 December) Ministry of Finance, BOE 21 December 2016

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    The Supreme Court Upholds the Validity of Owners’ Community Resolutions Made Under the Presidency of a Non-Owner

    Supreme Court Judgment (Civil Division 1) of 27 January 2017 

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    The Supreme Court Upholds and Efficacy of a Purchase Agreement of a Future Plot After the Seller Fails to Comply with All the Deadlines Set Down in the Contract

    Supreme Court Judgment (Civil Division 1) of 15 February 2017 (446/2017)

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    The Supreme Court Reformulates Its Doctrine on the Retroactive Repayment of Floor Clauses Following the ECJ’s Judgment

    The Supreme Court dismissed the appeal by BBVA regarding the retroactive repayment of floor clauses in its first decision since the European Court of Justice (ECJ) judgement dated 21 December 2016.

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    A Court in Barcelona Declares That the Clause of Unlimited Personal Liability of a Mortgagor Is Void

    Judgement of Mercantile Court No. 10 of Barcelona dated 7 December 2016.

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