On November 23, 1993, the Court of First Instance of Falset issued a ruling that should have marked a decisive turning point in the history of the Planas del Rey development. This ruling required the developer Francis Lebasque to officially transfer the common areas of the development to the Pratdip Town Hall, thus putting an end to several years of legal uncertainty.
A legal action initiated by the EUCC
The Urbanistic Entity Collaborating for the Conservation of the Planas del Rei Development (EUCC) initiated legal proceedings with one objective: to obtain the signing of a notarized deed of free transfer by Francis Lebasque and by the Creditors’ Committee appointed within the framework of the developer’s suspension of payments process.
The creditors do not oppose the transfer
After being legally summoned, neither Francis Lebasque nor his representatives appeared in court to contest the claim. Moreover, the Creditors’ Committee officially communicated its lack of opposition to the proceedings. Under these conditions, and in accordance with the Spanish Civil Code, the court considered that there was no obstacle to formalizing the transfer.
The properties concerned
The ruling clearly lists the properties to be transferred to the Pratdip Town Hall:
- The common land and facilities,
- The swimming pools and tennis courts,
- The entire internal road network,
- The green areas,
- The collective infrastructures, including public lighting.
A clear legal obligation
The court relies on Article 1280 of the Civil Code, which requires any transfer of real estate to be formalized by a notarized deed. Given the lack of opposition from the creditors and the developer, the court considered that it was up to Francis Lebasque to proceed with signing the deed under the defined terms.
A ruling with lasting consequences
This 1993 ruling constitutes a major legal precedent. It confirms that the transfer of the common areas of the development to the municipality was not optional but a legal obligation recognized by the courts. The subsequent events, particularly the difficulties related to the official reception of the development by the Pratdip Town Hall, cannot be understood without taking this court decision into account.
