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In the month of February, 2011 has been judicial news inter s its content and implications in mbito pr ctico, a Provincial audience in Navarre, Secci n II, n 111/2010, dated 17 December 2010, which confirms the rights against sociol gicos arguments that delivery made a main floor ntegro cubrir debt amount, without that the argument of its possible p rdida depreciaci n reasons, market value, nothing m s own p rdida from the floor all the debtor's mortgage.
Read part of the argumentaci n killer car, obviously under the influence of the esp ritu navide dates which will incidentally with m followed, because as ximo citizen with the mortgage on her shoulders to subscribe to a coma ltima:
Basics of la manifestaci n the property auctioned today has the lower actual value, based on allegations that reality has given rise to a market value at the time did not have a holding are adjudic as tasaci n, disminuci n important values that connects to the current econ mica kryzysucierpienia not s lo, pa s, but much of the world environment, you are in contact with. And as i definitely real important sima econ mica crisis elapsed so far as the holding in its tas (d) and in a quantity now in d, a, can be valued less, it cannot be ignored is in origin an exact tambi n and not other reasons and not talking to a room, but that has been expressed by the President of the Government of the Espa ol by different pol ticos l deres that pa s, experts in econom and deres, running from their own world President of the United States, which bad gesti n that players of the financial system, banks, recu rdense ' junk ' "mortgages in the U.S. financial system.
If you do not want us to say that the Bank is the cause of the crisis, but the econ mica s cannot ignore its condici n Bank entity and, therefore, is part of the financial system as a whole and for bad gesti n financial institutions, which are all banks and other credit institutions and financial nature, led to a crisis unprecedented since the great econ mica depresi (n) in 1929.
Art culo 3 C digo civilian in paragraph 1, the rules are se ala interpretar n seg n reality time which must be used primarily in response to esp ritu and aqu llas, and this obliges us to be present reflexi n, in the sense that no abuse of the law, but a constituir morally unacceptable that gives tries to continue the ejecuci n p rdida the value of the properties of this identity and to pr stamo serv and who is not granted if there was one value sufficient to provide cradling pr stamothat was set by the Bank now exercise or when less accepted that the value of p rdida are directly attributable to the econ mica crisis, due to abuses of the financial system, repeat, even if it is not suitable assigned directly, and if so, then particular to BANCO s, that is the reality, which is part of the opponents of the financial system, and ah, which is especially painful to alegaci n that justifies its est pretensi n, based on circumstances which in principle and as is often said to caused great sensation and lifted "b?ble."
(D) as despu s jump to comunicaci n the resoluci n, which trwó? itself against an unknown m s Bank and, above all, those entities that est n stroke Frob, the Fund for orderly Bank restructuraci n, i.e. plastic where all our taxpayers give ox geno financial system, they have been politicized field and its banks, the brothers who have turned the ball especulaci n you can we przeci?gnijAby become actors of dito crbut in descredito, Vice President For real estate and Elena Salgado expressed his preocupaci n, pues mortgage da ar and to changes in the law system of financiero.
Its own Audiencia Provincial de Navarra has released this n despu s car 111/2010 up to a maximum of five new resolutions for everything, much like that discussed her second Secci n. There is no effect, because you might not have it, jur dicas, pol econ ticas, and micas.
Two sections for the audience of Navarre, the first and third, have been rendered in the same month of February 2011, the five resolutions which says exactly the opposite: adjudicaci n good debt mortgaged (habitation) contractor (the Bank) shall not preclude the Bank claims the difference between the value obtained at auction, and the total of pr stamo signed on his d and.
So the judges of the third Secci n even to the ears of tir n peque's hom nimos Secci n the second because it is not for judges "asumir functions reserved for the legislature, but the application of the law to the case", and the former Secci n, literally, decisi n Court Estella maintained by second Secci n Navarra, A.P. Express "it violates clearly" art culos 579, 671 and 672 law on civil procedure and adem sthey qualify that ' interpretaci n is the judge in the car today, it is not possible and is adhered to. "
Commented Auto has great moral value, but is far from the stanovoy praise. Resolutions of the third section and the first Provincial hearing Navarra, who follow behind La Ley, labeled l nea, it is recalled that every person has performed its work.
Vice President, declared by the econ mica is reply pol ticos those who legislate for the fact that we live. Financial System is worth m s that people who asphyxiated taxpayers, families that saving est n. Deberá and say ticamente another thing. Without a doubt. You can say anything else, NO. Or for reasons of pol econ micas ticas reasons. Is ut pico to legislate to banks and fields, m s now. Not it is time for demagoguery.
We can not change the art culo mortgage Act 105, because he supondr a sizeable critical for banks and change the nature of da ar and already signed mortgage contracts, the balance sheets of the same and currency rating of mortgage qualifications espa olas. Anyone doubt that the cheese an taxpayers, that is to say all of us who pagar amos consequences. Habr amos a little better.
We all know that in the United States, other pa ses our environment, daci n or supply housings when not to pay the mortgage payment pr stamo it fails.
The Espa and he tambi n it is possible, but we do not know because Art culo 140 up-to-date mortgage as the limits of the law, if an ACE is like renting it and not how they showed us always banks, and art. 105 LH relating to Art. 1911 civil C digo (unlimited personal liability of the debtor).
On the basis of article 140 of the LH old v lidamente SUP in writing constituci n voluntary mortgage guaranteed obligaci n only enters into force on the property charged. In this case, the obligation of the debtor and creditor, acci n because of quedar n pr stamo mortgage real estate is limited to the amount charged and not dem properties alcanzar n s heritage deudor.
If you plan to hire a mortgage Remember that LH said article 140. If all we do not act as har Miss is no longer possible. Nos dar n cr? dito. This is another cuesti n. I s lo declared.
PS-try in December 2006 with no luck. Tambi n was Christmas.
Vidal Vilches Vilela, partner Cabinet Jur dico Palomo & Vilches
