TIMESHARE FACING A “PULL FACTOR”

LLAMADAThe recent Judgements of the Spanish Supreme Court rendered during the year just ended, 2015, have caused or may cause a tsunami which could ruin the timeshare industry as a result of the “pull factor” created by the interpretation of these Judgements and the application thereof by first instance courts and provincial courts, which has already started.

The doctrine contained in Supreme Court Judgement (SCJ) no. 774/2014 concerning the requirements to be met for the adaptation of timeshare systems in existence before the enactment of the Spanish Act 42/1998, and in SCJ 830/2015, handed down on the same date, regarding the requirements to be met by the subject of a timeshare contract (which, in addition, have both been promptly ratified by Judgements given during the same year so as to fulfil –and this is my personal opinion – the reiteration requirement necessary for Case Law to be considered a source of Law), certainly seem to indicate that the intention of the Supreme Court was to take strong action for the purpose of bringing order to a Sector plagued by a bad reputation it has failed to shake off, sometimes through fault of its own but more often than not due to a factual assumption that the consumer, whatever they say or do and even if all of it is contrary to true facts, actual events or their own actions, IS ALWAYS RIGHT.

In every consumer relationship, greater and more thorough diligence is always demanded from the trader in the fulfilment of its obligations simply because it has the upper hand over the consumer, but the consumer is also demanded to exercise their rights in good face and without abusing their own rights. Just as “bad faith traders” do exist and their dominant position allows them to take greater advantage of their position, bad consumers also exist, and not occasionally or only in isolated cases, but acting together, not only through non-profit organisations for the defence of their own interests, but also through other professionals and traders who use the means provided by the information society and the electronic networks for the obvious purpose of obtaining a personal gain.

Supreme Court Judgements 747/2014 and 830/2015 have filled with bewilderment timeshare resort promoters, companies providing tourism services to those resorts and virtually all the legal operators who, after fifteen years of what appeared to be a correct interpretation of Act 42/1998 of 15 December, have been surprised –if not overruled – by the Supreme Court with a new and, until that moment, almost exclusive interpretation of the requirements to be met for the adaptation of pre-existing systems or the extent of the requirements relating to the subject of the contract.

I have not entitled this opinion article “Timeshare Facing a Pull Factor” because of the existence of some dark conspiracy against this Sector, but to stress that such a “pull factor” does certainly exist, particularly as the possible claims to the courts of justice are being “marketed”.

The pull factor as such takes place when the doctrine established by the Supreme Court in a specific case (and it could not be different in this instance) is taken out of context and isolated and subsequently translated by for-profit operators (an activity which, other considerations aside, is currently lawful) in a simplistic, albeit not totally wrong, interpretation, outside the context of the specific case to which it relates, of the following doctrine:

A.- Doctrine initially contained in SCJ 747/2014 which, in my view, denies the possibility of adapting systems in existence before the enactment of Act 42/1998 by merely giving them public status, which was the form of adaptation used with virtually all timeshare resorts. The Supreme Court has thus established that the “transformation of pre-existing timeshare rights into in-rem or leasehold rights of rotational enjoyment according to the requirements of said Act” is the correct doctrinal interpretation of how adaptations must be performed.

B.- Doctrine contained in SCJ number 830/2015: “In the legal system established by Act 42/1998 of 15 December on rights of rotational enjoyment of holiday accommodation, failure by the contract to determine the unit which constitutes the subject thereof determines the nullity of such a contract, as provided for by Article 1.7 in relation to Article 9.1.3 of the said Act”.

This doctrinal line has been vulgarly, publicly and interestedly translated by trading and legal operators seeking to make a profit in the following statements:

• “Timeshare contracts entered into up to 2012 whose duration is in excess of 50 years are absolutely and radically null and void”.
• “Even if you have used the tourist resorts for 10, 15 or 20 years, you can recover all the money you paid – absolutely the full price you paid”.

• “You can also get back all the money you have paid every year as service fees even if the services have been provided to you”.
• “Additionally, you will not have to pay anything to the lawyers and legal representatives acting on your behalf in the Courts. This will be borne by the seller when they lose the case and, otherwise, your lawyers and legal representatives will not charge you anything”.
They obviously fail to mention that if the claimant loses the case, the claimant’s lawyers may not charge them anything but the Courts will, as a general legal principle, obligate them to pay the court costs and even the fees of the counterparty’s lawyers and legal representatives.
Who would, therefore, reject so many advantages when there is no downside?

It’s like the lottery without even having to pay for the ticket!

I believe it is necessary at this point to analyse whether, on the one hand, the above Case Law –treated as an axiom without the possibility of being disproved whatever the reason argued, however petty, irrelevant or even if based on a mere statement without having to prove anything relating to its truthfulness – can be applicable always or virtually always and in every case as proclaimed by the providers of free legal services or whether, as is my view, the aforementioned Case Law needs to be considered in the context of each specific case and in accordance with the Spanish substantive laws, in some cases, or with the law to which the contract is subject in other cases, without disregarding the fact that jurisdiction may lay with non-Spanish courts in many cases.

On the other hand, the –fundamentally economic and social – consequences of the promised universal lottery also need to be analysed.

In relation to the former, judgements have already been issued by provincial courts whose interpretation is that a brief paragraph from the Supreme Court Judgements may not be applied in every case disregarding the context of the court resolutions of the provincial courts themselves. By way of an example, Judgement 477/2015 rendered by the Provincial Court of Las Palmas, Canary Islands, on 27 November 2015, states that:

As we have seen, the aforementioned SCJ does not resolve a similar situation to the case at hand (where the subject of the transfer is not timeshare rights but condominium) and is therefore not applicable. Consequently, this Court must stick to the criterion previously described in relation to the admissibility of maintaining the pre-existing system”.

I believe that this is the line along which the Instance and Appeal Courts will go when the moment comes in the proceeding to contest other issues which had somehow been taken for granted, to such an extent that they had not been argued by the parties and that, therefore, by virtue of the principle of consistency of judgements, these may not accept or reject matters not raised by the parties in assessing the general aspects of the cases.

And here could be the first flaw of the principle followed by the managers of free legal services who encourage the consumers simply to file claims, without any further consideration, through websites and advertisements saying that the court case is basically won beforehand and that the defendant trader will bear all the expenses and the court costs, as such court costs will be inevitably awarded against the consumer. They obviously omit and fail to mention, as aforesaid, that the claimant can be sentenced to pay the court costs if the court does not accept their claims.

Will the traders who are promoting free legal services be able to promise their clients that they will not lose their right, will not pay any court costs even if they lose the case and that they will not have to pay what they owe? I believe they will not, as they say nothing about these things but simply gloss over them and fail to give any undertakings.

This is the problem with assuring an outcome in the case of a judicial controversy which is to be resolved by an independent judge.

But we also mentioned that this organised pull factor can bring about other economic or social consequences, such as:

  • A huge increase in litigiousness.

  • An escalation of bankruptcy of tourism companies and resorts. Timeshare traders will be unable to reimburse the total price paid by virtue of the vast majority of the contracts entered into over the past 15 to 20 years, during which time accommodation services have been provided, employees have been hired, utilities paid, etc., if even the proportional share of the price of the right of occupation which relates to the time during which such right has been enjoyed would have to be reimbursed.

  • Loss of a very large number of jobs.

  • Loss of the right acquired by those timeshare users who are happy with their right of occupation and want to continue to use it rather than opt for the free lottery.

  • This may be taken to the limit in those cases where there is no promoter at this time and where the resort is directly managed by its members (consumers and users) through the management bodies appointed from their number, i.e. the General Meeting of Members and the Management Committee appointed by it. Will the claimants sue a promoter who ceased to exist years ago or will they sue the other members?

Therefore, earnestness and good faith is needed from the parties, including the providers of free legal services, the traders in the Sector and the consumers and users.

If the consumers must be demanded to act in good faith and to abstain from abusing their right, the traders –in relation to the past – should review their own situation and, where it was not correct, they will have to amend it, if possible through out-of-court procedures and solutions, and for the present and for the future adapt their commercial practices and their contractual documents rigorously and strictly according to the thorough legal rules, seeking to achieve the necessary training of the agents involved in the commercialisation process so that they understand that this is the time of consumers and users and that, consequently, they need to know and respect their legal rights and those which are inherent in a proper commercialisation process.

Francisco J Lizarza – Lizarza Abogados

Marbella, January the 11th, 2015

ADAPTACIÓN DEL REGIMEN DE “COMUNIDAD DE “MULTIPROPIEDAD” A LA LEY 42/1998 DE APROVECHAMIENTO POR TURNO


A PROPÓSITO DE LA SENTENCIA DE LA AUDIENCIA PROVINCIAL DE LAS PALMAS DE GRAN CANARIA NÚMERO 447/2015 DE  27 DE NOVIEMBRE DE  2015

La Sentencia de la Audiencia Provincial de las Palmas de Gran Canaria referida a los Complejos PA y PC, en régimen legal anterior a la Ley de 42/1998 conocido como ”multipropiedad” o “comunidad finalista de propiedad por cuotas indivisas” y que atribuye a cada uno de sus titulares el uso y ocupación del inmueble de que se trate en un turno anual  de ocupación,  ha venido a plantear el caso concreto de la forma de adaptación a la antes citada norma (LAT 42/1998) de estos regímenes de propiedad indivisa, llamados de “multipropiedad”

La Audiencia Provincial de Las Palmas viene a concluir que la doctrina legal contenida en la Sentencia del Tribunal Supremo que indica que los regímenes preexistentes debieran tener una duración máxima de 50 años a partir de la Ley 42/1998 y que debiera contener todos los requisitos del nueva régimen  de  “aprovechamiento por turno”, no es de aplicación a un régimen que no es de derecho real limitado o arrendaticio de APT, como es el caso de la llamada “multipropiedad” pre-existente a dicha a dicha Ley (comunidad por cuotas), siempre que se hubiese adaptado en una de las formas legalmente  previstas.

Ciertamente esta Sentencia nos ha sorprendido, pero en nuestra opinión es respetuosa con la Sentencias del Tribunal Supremo de enero y junio que ya conocemos. Modestamente estamos de acuerdo con lo que dice esta Sentencia, aunque por los mismos motivos la “no aplicación de la doctrina contenida en S.T.S.” debe extenderse a los sistemas preexistentes de derecho personacomo es el caso de mayoritario “club trustee”.

Lizarza Abogados

Marbella 09.12.2015

RDO: ACERCA DE LA NUEVA DIRECTIVA SOBRE VIAJES COMBINADOS

 

comision europea

boton bamder esp. pequeño

 

REVISIÓN DE LA DIRECTIVA SOBRE VIAJES COMBINADOS.

El abogado británico Sr. Henry Bankes ha informado a RDO (Resort Development Organisation) lo siguiente:

El proceso de revisión en Bruselas de la Directiva sobre viajes combinados se ha completado y pronto aparecerá publicada en el Boletín Oficial de la Unión Europea.

La Comisión Europea (DG Justicia) publicó las propuestas para la revisión de la Directiva el 9 de Julio de 2013.- Tras la revisión legislativa, el Consejo de Ministros de la UE adoptó el último proyecto de la Directiva el 18 de Septiembre de 2015, que fue aprobado el 28 de Octubre de 2015.

El Reino Unido tiene un plazo de 30 meses desde la publicación en el Boletín Oficial, que se espera sea a final de 2015, para incorporar la Directiva revisada.

FUENTE : RDO.

 

 

THE PACKAGE TRAVEL DIRECTIVE REVISION

The Package Travel Directive (PTD) revision process in Brussels has now completed, with the adopted Directive to shortly appear in the Official Journal of the European Union. The European Commission (DG Justice) published proposals for a revised Directive on 9 July 2013. Following legislative scrutiny, the Council of EU Ministers adopted the final draft of the Directive on 18 September 2015, which the European Parliament approved on 28 October 2015. The UK will be allowed up to 30 months from publication in the Official Journal, expected before the end of 2015, to implement and enforce the revised Directive.

FLOATING & FLEXIBLES TIMESHARE SYSTEMS IN SPAIN

IN RELATION TO JUDGEMENT NO. 830/2015 ISSUED BY THE PLENARY SESSION OF THE CIVIL CHAMBER OF THE SUPREME COURT ON 15 JANUARY 2015

  “In the legal system established by the Spanish Rotational Enjoyment of Tourist Property Act 42/1998 of 15th December, the fact that the accommodation unit to which the contract relates is not specified therein determines the nullity of the contract according to Article 1.7 in relation to Article 9.1.3 of the Act”.

This paragraph summarises the Case Law Doctrine expressly formulated in Supreme Court Judgement 775/2015, which has doubtlessly raised the alarm and a certain degree of confusion among the entrepreneurial operators in the timeshare/rotational enjoyment sector and among those customers who are satisfied with their product (who are a great majority) and now find themselves at risk of losing their right to occupy a “floating” or “flexible” holiday unit with which they are happy. And this has happened, in my opinion, where the interpretation of such a short text has been disassociated from the background which has led to the conclusions of the aforementioned Judgement and the doctrine therein contained.

In addition, the Judgement contained a dissenting vote by the Judge Mr Antonio Salas Carceller which starts with a partial transcription of Article 9.1.3 of the Rotational Enjoyment Act 42/1998 (hereinafter the REA 42/1998) which demands that certain details must be included in those contracts where a professional marketer participates in the transfer of a rotational enjoyment right; the details to which the transcribed section relates refer to the mandatory inclusion of “an accurate description of the building, its location and the unit to which the right relates, with specific mention of its registration details and the occupation period to which the contract relates, stating the starting and end days and times” (sic), and Judge Mr Salas concludes in his dissenting vote that this must not determine the nullity of the contract as it simply relates to irregularities which may constitute a breach of contract (which can consequently be the subject of an action to terminate the contract within three months thereof =as per the REA 42/1998=) rather than –as the rest of the Court argues– a reason for radical nullity of the contract which, therefore, is not amendable by the passing of time.

Resultado de imagen de imagenes gratis casas flotantes

Such differing views between the position of the majority of the Court and Judge Mr Salas’ dissenting vote is doubtlessly very important but, before commenting on its implications from a legal point of view, an important practical conclusion should be drawn from this to prevent litigation in such a complex –and often misunderstood or misinterpreted– matter, i.e. that the first rule for the commercialisation of this kind of right is that utmost care and maximum precision must be observed in drawing up the contracts and other documents aimed at the client-consumer, without any verbal promises or the clichés or vicious practices of past times, in order to prevent the nullity, annullability or termination of contracts and the imposition of penalties in a Sector which has changed a lot but continues to carry the burden of a bad reputation which still exists today, albeit to a large extent undeservedly.

Let us take as an example the contract which resulted in the court proceeding and Case Law Doctrine mentioned at the beginning. A quick reading of this contract, which is complicated fundamentally because it relates to a “complex subject” whose elements are determinable (flexible) insomuch as they relate to the occupation of various units –one of them not located in Spain– and to weekly periods which are also determinable (flexible), would suffice to understand without much difficulty that it lacks the minimum degree of rigour which would be required irrespective of the omission of certain details.

But the concerns which the Supreme Court Judgement 775/2015 has raised among the entrepreneurial agents of this type of activity, which is the fundamental subject of this article, is that it may have been interpreted or concluded from its considerations that the Doctrine therein contained entails nothing short of a prohibition, by reason of nullity, of the timeshare or rotational enjoyment structures known as “floating or flexible” systems, whether in respect of the determination of the “unit”, of the “annual occupation period” or of both.

If we confine ourselves to the paragraph reproduced at the beginning of this article, which transcribes the strict legal doctrine established by the Plenary Session of the Supreme Court, an initial, rushed conclusion may seem to indicate (obviously with the support of its remaining considerations) that, as an essential and inescapable requirement, “failure to determine the unit” results in the prohibition of rotational enjoyment contracts whose subject has not been determined (that is, perfectly and initially specified) in the contract and in the legal system or structure on which the contract is based.

The above Case Law Doctrine does not expressly contemplate the need, for the same reasons, to “determine the annual occupation period”, although it is reasonable to assume, from the context of the Judgement itself, that such failure to determine the occupation period must also be regarded as the absence of an essential element of the subject of the contract which could also result in nullity of the contract.

The above Judgement, which as explained by Judge Mr Salas cites the REA 42/1998 to state that the subject of the contract has not been “determined” due to the absence of the mentions set forth in Article 7.1 thereof –which in Judge Salas’ opinion are not what constitute the “true subject” of the contract as this should be determined by the rules of the Civil Code which refer to the original absence of such an essential element (the subject of the contract) – ,  has chosen to apply a rule which is not the rule envisaged for any of such cases (sic).

As the majority of the timeshare operators at whom this Blog is aimed are not Spanish and in many cases come from territories with Anglo-Saxon-based legal systems or for any other reason use or are familiar with legal institutions of this tradition, I believe that it is necessary to make some brief –therefore not thorough– clarifications concerning the essential requirements of the contract as briefly, albeit accurately, set forth in Article 1261 of the Civil Code, which states that “No contract exists where the following requirements fail to be met:

1. Consent by the contracting parties;

2. A true subject to which the contract relates; and

3. Reason of the obligation thereby established

”.In Spanish Law, the “true” subject of a contract may be determined at the time consent is given or it may be determinable by the application of objective rules at some later time, whether consent is to be given only once or periodically.

We must once again mention the Anglo-Saxon tradition systems where the existence of subjective rules (undetermined legal concepts as denominated by Spanish Case Law) such as “from time to time”, “as may be reasonably determined” or “as determined by the then market conditions” is contrary to the public order demand of the Spanish legal system which requires that those obligations to which initial consent is given in the contract but need to be specified at a future time must be determined or specified when the moment comes by the application of objective rules which, we could exaggeratedly say, must be “an almost mathematical result of applying the premises agreed in such rules”, so that the determination or specification of the subject is not left up to the will or arbitrary decision of one of the contracting parties.

In this regard, the subject of the contract may take the form of future things (e.g. an unbuilt house whose determination or specification would be set in the “architectonic project” which would from the start constitute a part of the contract) or future services which are not contrary to Law or to proper conduct (Article 1272 of the Civil Code).

Focusing on the title of this Article and the concerns expressed by entrepreneurial operators in this Sector, I believe it is right to say that Judgement 775/2015 does not in any way regard the systems colloquially and commonly known as floating or flexible (determinable) as being prohibited. And such an assertion is made despite the fact that the Court deems the contract null and void by reason of lack of subject as it considers that Article 7.1 of the REA 42/1998 is applicable when its states that “where the contract whereby any other in-rem or personal right is created or transferred […] regarding the use of one or more real properties during a determinable period each year, outside the scope of this Act, shall be fully null and void”.

The conclusions which, in my judgement, can be drawn from the foregoing, are as follows:

            First.– It is expressly acknowledged that the constitution and transfer of rotational enjoyment rights, as far as the unit and the occupation period are concerned, can be determinable by the application of objective rules (flexible or floating unit and/or period).

The omission from the contract of the requirements demanded by Article 9 of the REA 42/1998 to which Judgement 775/2015 refers, whether it be regarded as a reason for nullity (as the Court argues) or a reason for termination on the grounds of breach of contract (as maintained by Judge Mr Salas in his dissenting vote), does not entail the prohibition of systems involving flexible units and/or occupation periods,  although it does confine the latter to the restricted formulation thereof as set forth by the now repealed REA 42/1998.

            Second.– The Court’s interpretation, including that of Judge Mr Salas’ dissenting vote, does restrict the constitution and transfer of such rotational enjoyment rights, whether determined or determinable by objective rules (flexible systems), to their only formulation as set forth by the REA 42/1998.

Such a restrictive interpretation was to be fully reviewed as a result of the coming into force of the new rotational enjoyment regulations of 2012, if not upon the coming into force of the Rome I Regulation in late 2009.

              Third.- Contrary to the Supreme Court doctrine established by the Judgement now under discussion and that established by its earlier Judgement of 15 January 2015 and its later Judgement of 5 July 2015, it is my view that flexible systems of personal rights constituted or transferred –including points systems – with subjection to non-Spanish law are lawful in our country and legally valid before, during and after the validity of the now repealed REA 42/1998.

Having reached the above conclusions, I believe it is now necessary to address how and in what way flexible/floating systems of rotational enjoyment of holiday accommodation have been, or can now be, constituted.

A.- SYSTEM OF RIGHTS IN REM OF ROTATIONAL ENJOYMENT.

This is the system specifically regulated by the REA 42/1998 and the current Rotational Enjoyment of Real Property for Tourist Use Act (REA 4/20129), the provisions of which are also applicable on a subsidiary basis to the other system of personal leasehold rights contemplated by the same Act (Article 1.6 REA 42/1998 and Article 23.6 REA 4/2012).

I understand that these in-rem rights, structurally by reason of their own real nature (as stated in Judgement 775/2015), must specifically refer to:

  • Predetermined units (independent registered properties where there is a horizontal division or, in default thereof, units which are described and “registered” at the Land Registry as if they were independent properties).
  • Predetermined occupation periods.
  • In predetermined holiday accommodation resorts.

That is, what has come to be known as “fixed triple” in tourism jargon: fixed building, fixed unit and fixed occupation period.

This does not prevent, in my opinion, the existence of internal fexibilisation rules by way of what we could improperly call an “internal exchange” within the same resort.

B.- SYSTEM OF PERSONAL RIGHTS OF ROTATIONAL ENJOYMENT – SEASONAL LEASEHOLD CONTRACT.

In my opinion, this is the only system of “flexible units and occupation periods” contemplated by the REA 42/1998 (Art. 1.6), albeit not expressly contemplated as such by the current REA 4/2012 (Art. 23.6).

Indeed, the above-mentioned Article of the REA 42/1998, which was in force at the time of conclusion of the contract to which Supreme Court Judgement 775/2015 relates, which is expressly mentioned therein, states that:

Such contracts shall refer to a predetermined annual season which relates to a predetermined or determinable occupation period within that season and to a predetermined accommodation unit or one which can be determined on the basis of its general conditions, provided that the resort where the right is to be enjoyed has been specified” (sic).

Therefore, they can relate to a flexible occupation period, within the same season, in a flexible accommodation unit of a “predetermined type” in the specified building or resort.

Certainly, the 2nd paragraph of the Ruling contained in the Judgement transcribed at the beginning seems to contradict that set forth in this Article 1.6 of the REA 42/1998 when it states that there is no subject of the contract where the “contract does not specify the unit to which it relates”, but I think that this must be understood as referring to the specific contract to which the Judgement relates and that the legal rule is observed in any case where the units are determined by objective rules for each specific season from among those of the same type included in the same building which, on the other hand, are all specifically and individually  described in the public Deed of constitution of the system which, in addition, must be mandatorily registered at the Land Registry.

Article 23.6 of the current REA 4/2012 also refers to the seasonal leasehold right of rotational enjoyment and, in a wider and more general sense, so to speak, it refers to seasons contracted for whose purpose is the use of one or several accommodation units for overnight stay during more than one occupation period

In any case, this being a system of a leasehold nature, it must be constituted by public Deed and registered with the Land Registry according to the applicable Spanish regulations.

C.- SYSTEMS OF PERSONAL RIGHTS SUBJECT TO NON-SPANISH LAW

1.- CURRENT SITUATION SINCE THE COMING INTO FORCE OF THE ROME I (EC) REGULATION.

All structures or systems of personal rights subject to non-Spanish law, whether of an EU country or otherwise, provided that they do not contravene any rules of the “laws of public order of the Spanish legal system” or any rules relating to matters of mandatory application in Spain (such as consumer protection rules), are valid in our country, as it is so provided by the Rome I (EC) Regulation which came into force on 17 December 2009.

Such systems of personal rights can be configured with fixed or flexible occupation periods, which can be annual or biennial and can relate to flexible units and can also refer to various buildings in Spain or in several countries, including the so-called “points clubs”; it must be noted, however, that  such freedom of contract also has its limitations, particularly as regards consumers’ rights, not only according to the domestic law to which the system is subject, but also according to the law of the country where the rights are commercialised if any of the properties is located in territory of an EU or EEA Member or if the contract, while not directly related to a real property, relates to the activities carried out by a Member State or projected from or within a Member State.

2.- SITUATION BEFORE THE COMING INTO FORCE OF THE ROME I (EC) REGULATION.

Supreme Court Judgement 775/2015, to which this commentary relates, refers to a contract entered into before the coming into force of the new regulations on rotational enjoyment of 2012 and even before the coming force of the aforementioned Rome I Regulation, so it only takes into account the provisions of the REA 42/1998 which was in full force at that time.

That contract, at that time, was neither formulated as a right in rem nor as a personal leasehold right of rotational enjoyment in the form provided for by the REA 42/1998, but as a confusing personal right which does not only relate to buildings located in Spain but also to a building in another country, and without any express or tacit subjection to foreign law but clearly subject to Spanish Law.

For this reason, I believe that the contract is in contravention of mandatory rules of the Spanish regulations then in force generally, and it would also be in contravention thereof at the present date by virtue of the Rome I Regulation.

But this leads me once more to assert that those contracts relating to “flexible” units, occupation periods and resorts which were entered into before the coming into force of the Rome I Regulation and were tacitly or expressly subjected to non-Spanish law were (without prejudice to the application of public order laws of the Spanish legal system or of consumer protection laws) perfectly valid in Spain, as it was so allowed by the 1980 Rome Convention.

In this sense, we must refer the reader to the article entitled “The Validity of the Club-Trustee System in Spain”, published in this Blog on 21 August 2015.

Once more, as mentioned in the aforementioned Article, this is an opinion article written without prejudice to a more knowledgeable or better informed opinion.

Francisco J. Lizarza

Lizarza Abogados

SIGNIFICANT INCREASE IN HOME SALES TO BRITISH CITIZENS IN SPAIN

ICONO PEQUEÑA BRITANICA Many factors are contributing to an important  increase in housing purchases by British citizens in Spain, including the following:

PRICES ARE STILL RELATIVELY LOW

House prices are still relatively low compared to the period before the economic crisis.

MORTGAGE MARKET OPENING

During the economic crisis, and specifically during the correlative banking crisis, banks and saving banks practically stopped granting mortgages.- This trend has completely reversed and especially for foreigners, who are favored by it.

SAFE DESTINATION

Due to the political uncertainty in the Arab countries of the Southern Mediterranean, the economic instability of Greece and the geopolitical situation of Turkey,  Spain’s perception as  a comfortable and safe destination is being consolidated.

SPANISH ECONOMIC GROWTH

After the debt crisis, Spain is now the fastest growing economy in Europe, currently growing at more than 3% and, according to the latest predictions, it  will reach 4% by the end of the year.

FAVOURABLE EXCHANGE RATE OF STERLING AGAINST THE EURO

If last January the Euro exchange was approximately €1.25 per Pound, it now exceeds 1.41 Euros for one pound, which is a great advantage for the British. Pound sterling Libra esterlina Sterlina britannica

AUMENTAN EN ESPAÑA LAS VENTAS DE VIVIENDAS Y OTRAS PROPIEDADES A CIUDADANOS BRITÁNICOS

Vaboton bamder esp. pequeñorios factores están contribuyendo a un importante y significativo aumento de las compras de viviendas    y otras propiedades en España por parte de CIUDADANOS BRITÁNICOS, entre los que cabe destacar:

PRECIOS TODAVÍA  RELATIVAMENTE BAJOS

Todavía los precios de las viviendas son relativamente bajos en relación a la época anterior a la crisis económica.

APERTURA DEL MERCADO HIPOTECARIO

Durante la crisis económica y específicamente durante la correlativa crisis bancaria, los bancos y cajas de ahorro prácticamente cerraron la concesión de hipotecas.- Esta tendencia se ha invertido totalmente y especialmente para los extranjeros, que se ven favorecidos por ello.

DESTINO SEGURO

Debido a la incertidumbre política en los países árabes del sur del Mediterráneo y la inestabilidad económica de Grecia y la situación geopolítica de Turquía, la percepción sobre España de los extranjeros se consolida como un destino cómodo y seguro.

CRECIMIENTO DE LA ECONOMÍA ESPAÑOLA

Tras la crisis de la deuda, España es hoy el país con más crecimiento de Europa, ya superior al 3% y que se prevé que en este mismo año llegue al 4%, según las últimas predicciones.

FAVORABLE CAMBIO DE LA LIBRA ESTERLINA RESPECTO DEL EURO

Si en el pasado mes de enero en cambio del Euro era aproximadamente del 1,25 por Libra Esterlina, actualmente supera los 1,41 Euros por 1 libra esterlina, lo que para los británicos supone una gran ventaja.

Pound sterling Libra esterlina Sterlina britannica

 

TIMESHARE, A KEY TO THE FUTURE OF THE HOTEL BUSINESS

ICONO MEDIO BRITANICA

 SEMINAR IN TENERIFE

 

 

EL TIEMPO COMPARTIDO, CLAVE DE FUTURO PARA EL NEGOCIO HOTELERO

ICONO MEDIO ESPAÑA

 

  SEMINARIO EN TENERIFE