The day after the approval of the creation of the EUCC, the Municipality of Pratdip initiated a new official procedure. Noting that the mandatory transfers required by the Land Law had never been carried out, it requested the intervention of the Creditors’ Committee of the developer Francis Lebasque to regularize the situation.
Nature of the document
- Type: Deliberation / official request from the Municipality of Pratdip.
- Date: April 13, 1988.
- Issuer: Ajuntament de Pratdip.
- Recipient: Creditors’ Committee of the suspension of payments of Francis Lebasque.
- Purpose: Request for notarial authentication of the free transfers (roads, green areas, facilities) to the benefit of the Municipality of Pratdip.
Context recalled in the document
- Transfers not carried out: the transfers required by the Land Law (roads, green areas, public facilities) had still not been executed.
- Commitment of 1977: on October 28, 1977, Francis Lebasque had committed in writing to carrying out these transfers.
- Insolvency proceedings: meanwhile, Lebasque was in suspension of payments, leading to the formation of a creditors’ committee.
Municipal decision
The Municipality of Pratdip decided to officially require the Creditors’ Committee to appear before the notary Albertos Cantos of Reus, in order to materialize the free and perpetual transfers to the benefit of the town. The Municipality recalls that this procedure had already been attempted unsuccessfully in the past.
Legal scope
- Clear recognition of legal obligations: the transfers are required by the Land Law and must be regularized.
- Transfer of responsibility: the Municipality turned to Lebasque’s creditors to enforce the obligation of transfer.
- Will for integration: the procedure aimed to officially integrate the public spaces of Planes del Rei into the municipal assets.
Observations and contradictions
This text confirms the municipal will to obtain the mandatory transfers of the urbanization. It establishes that Planes del Rei was to be received by the Municipality through this legal mechanism.
The Municipality therefore cannot claim today that it never had competence over Planas del Rey: in 1988, it was already acting as the legal recipient of public assets. The failure to regularize (due to non-performance by Lebasque and his creditors, and due to the lack of follow-up by the Municipality) is at the origin of the prolonged illegality of the urbanization.
In summary
This document is strong evidence that as early as 1988, the Municipality of Pratdip was requiring notarial authentication of the mandatory transfers of Planes del Rei in order to integrate the roads, green areas, and public facilities. The absence of execution blocked the process, but the Municipality had recognized its legal responsibility and its role as recipient of the public assets.
Document
1988-04-13-notaire-pratdip-demande-authentification-de-cession
