Confirmation of the judgment of November 23, 1993 validating the transfer of the common infrastructures of Planes del Rei to the Pratdip Town Hall
And confirmation to the EUCC so that these common areas are registered in the Cadastre Registry of Falset in the name of the Municipality of Pratdip.
Translation – Original below
Judgment – Court of First Instance of Falset
Proceedings: Enforcement of judicial titles No. 195/2001
Claimant: Urban Conservation Entity of Les Planes del Rey
Defendants: Francisco Lebasque and the Creditors’ Committee
Judge: Victoria Gallego Martínez
Date: October 29, 2001
FACTS
SOLE. – The attorney Mr. Josep Maria Bladé Bru, representing the Urban Conservation Entity of Les Planes del Rey, filed an application for enforcement of judgment against Francisco Lebasque and the Creditors’ Committee, based on the ruling issued on November 23, 1993, in minor proceedings No. 12/90.
LEGAL BASIS
FIRST. – After examining the claim and supporting documents, the court finds that the claimant meets the requirements of legal capacity, representation, and legal standing as set forth in Articles 8, 7, 23, 31, and 538 of Law 1/2000 on Civil Procedure.
SECOND. – The claims fall under the material and territorial jurisdiction of this court in accordance with Articles 38, 45, and 545 of said law.
THIRD. – The title presented allows for enforcement pursuant to Article 517.2.1°.
FOURTH. – The application complies with the requirements of Article 549; the documents required under Article 550 have been submitted, and the conditions of Article 551 are met. The title is valid, free of irregularities, and the enforcement actions requested are consistent with its nature.
FIFTH. – According to Article 708 of the same law, when a final judgment obliges a party to express their will (e.g., by signing a deed), and that party fails to do so within 20 days, the court may declare that will to be legally expressed, provided the essential elements are predetermined.
In the present case, the final judgment of November 23, 1993, ordered Francisco Lebasque to grant a notarized deed of free transfer to the Municipality of Pratdip, covering:
- the Olympic swimming pool and the small pool, with their services,
- the 5 tennis courts,
- the mini-golf,
- the well and its pumps,
- the streets,
- the sewer network,
- all green areas with their plantings,
- as well as public lighting.
As this transfer was never executed and the elements are clear, the court declares the corresponding legal will as expressed.
RULING
The declaration of intent that Francisco Lebasque was obliged to make under the final judgment of November 23, 1993—consisting in signing a notarized deed of free transfer of the aforementioned assets in favor of the Municipality of Pratdip—is hereby deemed legally issued.
The court requests that the defendant’s address be specified by attorney Mr. Bladé for notification purposes.
Once the decision becomes final, an order shall be issued to the Falset Property Registry to carry out the corresponding registrations, to be handed over to the claimant’s attorney for follow-up.
Judgment signed by Judge Victoria Gallego Martínez,
Court of First Instance of Falset.
Certified.
– Read also: Falset court ruling on transfer of common areas
