This judgment of November 23, 1993, issued by the Court of Falset, follows the steps undertaken since 1988 to regularize the urbanization Planes del Rei: it resolves the issue of the mandatory transfers (roads, green areas, facilities) and clarifies the obligations of the developer and the Municipality of Pratdip.
Decision of the Court of Falset (11/23/1993)
- Obligation to carry out the legal transfers required by the Land Law and the Partial Plan.
- The developer (and, where applicable, his creditors’ committee) must formalize the transfers before a notary.
- The Municipality of Pratdip has the obligation to accept the infrastructures and common land ceded.
Nature of the document
- Type: Judgment of the Court of Falset.
- Date: November 23, 1993.
- Parties: Developer Francisco (Francis) Lebasque and his creditors’ committee / Municipality of Pratdip.
- Purpose: Execution of mandatory transfers and acceptance by the Municipality.
Context
- The Partial Plan originally required free and mandatory transfers (roads, green areas, facilities).
- Despite commitments from the developer (notably in 1977), the transfers had not been carried out.
- In 1988 and again in 1990, administrative and notarial steps were undertaken (including requests to the creditors’ committee), without definitive results.
Legal scope
- Reciprocal obligation: the developer/creditors must cede; the Municipality must receive.
- Clarification of competences: acceptance by the Municipality is not optional but mandated by the Land Law and the Partial Plan.
- Binding effect: the ruling ends a cycle of administrative delays and imposes execution.
Observations and contradictions
The judgment dismisses the argument that the Municipality of Pratdip had no competence to intervene in Planas del Rey: it is expressly required to accept the transfers. The subsequent non-execution largely explains the prolonged irregularity of the urbanization.
In summary
On November 23, 1993, the Court of Falset established the obligation to carry out the transfers and the corresponding obligation of acceptance by the Municipality. This decision constitutes a major legal milestone in the case of Planes del Rei.
