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"The Civil Chamber of the Supreme Court (TS) has issued two judgments in which overrides several Sealed tourism contracts in the south of Gran Canaria and framed in the timesharing - exploitation turns of real estate - for not respecting the maximum term of 50 years prescribed by law and sell in perpetuity.
It is two new judgments fixing illegal sales of life in this type of timeshare contracts, one of which is centered on the town of Mogan, despite not having to see this time with the cases registered by the tourist emporium Anfi Sales.
The feature that unites both cases is that the trading companies sold an undivided interest, which in the TS review "absolutely complies with the provisions of that law the mandatory nature of its own, as it aims to eliminate the implementation of any ideas involving 'timeshare'. "
The Supreme dictates the first of the sentences against commercial S.L. Vista Amadores, Puerto Calma Marketing S.L. and Puerto Rico S.A., less than five years were owners and operators of the Puerto Calma Group, which had five complexes located in the town of Puerto Rico. These complexes were subsequently sold abroad Holiday Club Resorts group.
The applicant requested the annulment of the contracts with the entities referred by procedural and cassation infringement and also denounced the illegality of the advance payment that had satisfied. Demand initially rejected the Court of First Instance and Instruction No. 3 of San Bartolome de Tirajana and later the Provincial Court.
However, the Supreme enters the merits and considers that "it is undisputed that the disputed contracts the maximum legal duration of the scheme timeshare is not set, although it is fixed at 50 years, after which the property is free of any commitment. "
Why would condemning the mercantile to return the applicant more than 230,000 pounds (265,000 euros) amount, in addition to granting the invalidity of an advance payment of more than 3,500 euros and interest from the filing of the complaint, which as has been told this newspaper can be around 45,000 euros.
The second judgment, in which the Supreme applies the same criteria as the previous - infringement on the duration of the scheme and the collection of advance payments - is issued against Tasolan SL, owner of Palm Oasis complex in Playa del Inglés. Condemns the company to return SEK 171,380 for the contract and 73,000 more for advance payments, amount of around 25,400 euros".
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