In general terms what the Supreme Court has ruled is that:
a) Undetermined object. Timeshare contracts must have a clearly determined and described object, according to the mandatory requirements set in the law. This is why floating or even apartments describes as "T1-2Bed", etc, are ilegal...
b) Indefinite period of time. It is not only that perpetuity contracts are null and void, any contract
Read MoreI have recently come across this article, written by professor Joaquín J. Forner that published in the International Company and Commercial Law Review, 2015 [Sent September 2015]. For its undoubted interest I reproduce it below:
"Nullity of Contracts. Timesharing. Inter Temporal Law. Norwegian Claimant. Spanish Supreme Court, Civil Division. Judgement of 15 January 2015 (74/2014) (XV. ANFI SALES, SL) by Joaquin-J Forner.
Read MoreSentence nº 19/2017 has been Supreme Court's second sentence and has very little to do with the previous one, number 16/17, since it doesn't deal with Club Paradiso or address to the issue of whether buyers are investors or consumers. This ruling examines a Hollywood Mirage Club contract and the main issues are: perpetuity, amounts brought from other contracts (Trade In), amounts brought from previous contracts (Trans amounts) and maintenance fees.
Read MoreThe first judgment of the Supreme Court has proved to be a real surprise for many, although expected by others (among which I include myself). There have been many proceedings before the Courts of First Instance and the Provincial Court of Santa Cruz de Tenerife (now onwards, Court of Appeal or just CoA) against the group of companies headed by
Read MoreYes, the Supreme Court has declared that the Vacation Club known as Club Paradiso was not really a club of that kind and that was really timeshare, consequently and not complying with Law 42/98 had to declare the contract null and void. More news once I manage to read the full decision.
Here is the news (in Spanish):
More info in this web here
There have been a few rulings recently from the Supreme Court, seven after the summer break against in which Clubs, such as Anfi, Puerto Calma or Palm Oasis, have been condemned to return to their clients certain amounts they paid, declaring their contracts ...
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