JUDGMENT
Translation – Original below
Court of First Instance and Instruction of Falset
Date: November 23, 1993
Case: No. 12/90 – Minor proceedings
Judge: Juan Francisco Guerra Moya
STATEMENT OF FACTS
FIRST. – Through the attorney Mr. Gallego Veciana, acting on behalf of the Collaborating Urban Development Entity for the Maintenance of the Urbanization Las Planas del Rey, a claim was filed in minor proceedings, registered under number 12/90, seeking to obtain that Mr. Francis Lebasque and the Commission of Creditors in his payment suspension issue a notarized deed of free transfer in favor of the Municipality of Pratdip.
SECOND. – The defendants, having been duly summoned, neither appeared nor responded to the claim. They were therefore declared in default, and at the request of the claimant, all proposed evidence was accepted and examined, as reflected in the case file.
THIRD. – The claimant’s attorney submitted a document signed by the Secretary of the Commission of Creditors of Mr. Francis Lebasque’s payment suspension, indicating that during the session of the said commission held on May 29, 1990, it was agreed not to oppose the claim filed by the claimant in this proceeding.
LEGAL GROUNDS
FIRST. – According to Article 1280 of the Civil Code, contracts involving the transfer of real estate must be executed by public deed. The transfer in question is thus established, and the absence of opposition (acceptance) from the Commission of Creditors of Mr. Lebasque’s payment suspension validates the process. Therefore, pursuant to Article 1258 of the Civil Code, Mr. Francis Lebasque is declared to be legally obligated to execute the said public deed of transfer as stated in the claim.
SECOND. – As this decision was rendered before any opposition or contestation, and this court is competent, there shall be no award of costs against the defendant, which shall be borne by the claimant.
RULING
The court declares and orders:
That Mr. FRANCIS LEBASQUE is legally obliged to sign a notarized deed of free transfer of the following assets to the Municipality of Pratdip:
- the Olympic swimming pool and the small pool, with their facilities,
- the 5 tennis courts,
- the mini-golf,
- the well and its pumps,
- the streets,
- the sewage system,
- all green areas with their plantings,
- as well as the public lighting.
This transfer is ordered in order to regularize the urban planning situation in accordance with the ongoing procedure.
So ruled and signed
Juan Francisco Guerra Moya,
Judge of the Court of First Instance and Instruction of Falset.
Publication:
This judgment was read and published in a public hearing by the court clerk on the same day, as certified by his signature.
– Read also: Confirmation of the judgment of the Court of Falset of 23 November 1993
