Following the steps taken in 1988 to obtain the mandatory transfers, this receipt certifies that the EUCC of Planes del Rei engaged a professional to file a “Juicio de Cognición” (cognition trial) against Francis (Francisco) Lebasque and his Creditors’ Committee, by providing 125,000 pesetas.
Nature of the document
- Type: Receipt / note issued by a notary or legal professional (not an invoice).
- Date: January 1990 (23/01/1990).
- Issuer: Notary (not named in the excerpt, but within the context of the Pratdip – Planes del Rei case).
- Recipient: The Entidad Urbanística Colaboradora para la Conservación Urbana “Las Planas del Rei” (EUCC), CIF G-43.110.923.
- Purpose: Confirmation of receipt of funds to initiate legal action.
Content of the document
- The notary certifies having received from the EUCC of Planes del Rei: 125,000 pesetas (by check from Banco Bilbao Vizcaya).
- Purpose of the provision: to cover the expenses related to the filing of a “Juicio de Cognición” (legal proceeding) against Francisco (Francis) Lebasque and the Creditors’ Committee of his suspension of payments.
- It is specified that this sum is a provisión de fondos (advance for expenses and disbursements), and not an invoice: therefore, no VAT applied.
Legal scope
- Legal action envisaged: the EUCC, created in 1988, instructed a notary/lawyer to initiate legal proceedings against the developer Lebasque and his creditors’ committee, likely related to the enforcement of the mandatory transfers.
- Recourse against inaction: the document confirms that, due to the lack of compliance by Lebasque or his creditors, the EUCC had to initiate legal action to assert its rights and obligations.
- Confirmation of tensions: the Municipality had already demanded the transfers since 1988; two years later, the EUCC turned to the courts, illustrating the ongoing stalemate.
Observations and contradictions
- This receipt demonstrates that the EUCC was legally active and not inactive.
- It reinforces the idea of a non-transfer of public assets, despite the legal obligations and the Municipality’s demands.
- The fact that both the developer and the creditors’ committee were sued shows the magnitude of the difficulties in enforcing the Land Law.
In summary
This document proves that in January 1990, the EUCC of Planes del Rei initiated legal action against Francis Lebasque and his creditors’ committee, by providing 125,000 pesetas to cover the costs. It marks an important stage in the history of the conflict: it confirms that the EUCC sought to enforce the mandatory transfers, faced with the inaction of the developer and his creditors.
Document
1990-01-23-reponse-notaire-pratdip-demande-authentification-de-cession
