This is the judgment that I mentioned in my previous post. There I commented on the appeal's decision that has confirmed this other that I now publish.
We can see here that the date of publication of the resolution was October 25, 2018, while that of the appeal was January 14, 2021, so in this case the second instance lasted 2 years and almost 4 months . This is a period above normal, according to my personal records, the average of an appeal in the cases that I handle is usually 21.19 months. As a curiosity, in the Provincial Court of Tenerife this average is 18.03 months. Following with these statistical data, taken solely and exclusively from my personal records, an average procedure, in the first instance in Gran Canaria (San Bartolomé de Tirajana) lasts 12.4 months and in Tenerife (Arona and Granadilla) 19 months. It is a small sample in relation to all the cases that are processed in all these Courts but some light can be shed on the judicial terms.
In this lawsuit, I asked for the contract's nullity as it had an indeterminate (floating) object and was for an indefinite period (perpetuity), in addition I requested the return of the unduly anticipated money. The judge granted us everything. This brings also the condemn in legal costs (which in the present case have been in both instances, the first and second, the appeal - see previous post). Another thing that the judgement brings is the granting of the legal interest normally from the beginning of the claim (although I always ask that it be from the date of the contract, which is sometimes granted but always not). Today the legal interest rate is 3%, which increases by 2 points, up to 5%, as soon as there is a judgement. If the debtor finally pays, it won't have been so bad to wait as long as court proceedings usually take...
