[et_pb_section fb_built=”1″ admin_label=”Section-Article” module_class=”section-article” _builder_version=”4.16″ custom_margin=”0px|0px|0px|0px” custom_padding=”0px|0px|0px|0px” global_colors_info=”{}”][et_pb_row use_custom_gutter=”on” gutter_width=”1″ admin_label=”Ligne-Article” module_class=”ligne-article et_pb_row_fullwidth” _builder_version=”4.16″ width=”100%” width_tablet=”100%” width_phone=”” width_last_edited=”on|desktop” max_width=”100%” max_width_tablet=”100%” max_width_phone=”” max_width_last_edited=”on|desktop” custom_margin=”0px||0px” custom_padding=”0px||0px” make_fullwidth=”on” global_colors_info=”{}”][et_pb_column type=”4_4″ _builder_version=”4.16″ custom_padding=”|||” global_colors_info=”{}” custom_padding__hover=”|||”][et_pb_text admin_label=”Texte-23 November 1993: the Falset Court orders Francisco Lebasque to formalise the transfer of assets to Pratdip Town Council” module_class=”txt-article” _builder_version=”4.27.7″ text_font=”|300|||||||” header_font=”||||||||” header_2_font=”|600|||||||” header_2_font_size=”24px” header_2_line_height=”1.3em” header_3_font=”||||||||” header_3_font_size=”24px” header_3_line_height=”1.3em” header_4_font=”||||||||” header_4_text_align=”center” header_4_text_color=”#840303″ header_4_font_size=”20px” header_5_font=”|600|||||||” header_5_text_color=”#840303″ header_5_font_size=”20px” header_5_line_height=”1.7em” hover_enabled=”0″ text_line_height_tablet=”” text_line_height_phone=”1.3em” text_line_height_last_edited=”on|desktop” header_2_font_size_tablet=”” header_2_font_size_phone=”23px” header_2_font_size_last_edited=”on|phone” header_2_line_height_phone=”1.3em” header_2_line_height_last_edited=”off|tablet” header_3_font_size_tablet=”” header_3_font_size_phone=”23px” header_3_font_size_last_edited=”on|phone” header_4_font_size_tablet=”” header_4_font_size_phone=”15px” header_4_font_size_last_edited=”on|phone” header_5_line_height_tablet=”” header_5_line_height_phone=”1.3em” header_5_line_height_last_edited=”on|phone” global_colors_info=”{}” sticky_enabled=”0″]<\/p>\n
On 23 November 1993<\/span>, the Court of First Instance in Falset issued a judgment concerning the free transfer of several assets in the Planas del Rey development to Pratdip Town Council.<\/p>\n The proceedings had been brought by the Urban Development Conservation Entity of the Las Planas del Rei development (EUCC)<\/span>. Its purpose was to obtain a public deed from Francisco Lebasque formally recording the legal transfer of those assets.<\/p>\n The claim was dealt with in civil proceedings registered under case number 12\/90<\/span>.<\/p>\n The EUCC requested that Francisco Lebasque<\/span> and the Creditors\u2019 Committee created in connection with his suspension of payments execute a public deed of transfer free of charge in favour of Pratdip Town Council.<\/p>\n The defendants were duly summoned but did not appear before the court and were therefore declared in default.<\/p>\n During the proceedings, the EUCC submitted a document signed by the secretary of the Creditors\u2019 Committee in Francisco Lebasque\u2019s suspension-of-payments proceedings.<\/p>\n The document states that, at its meeting on 29 May 1990<\/span>, the Committee had decided not to oppose the claim brought by the EUCC<\/span>.<\/p>\n The court took this position into account, together with the provisions of the Spanish Civil Code concerning the formalisation in a public instrument of transactions involving real property.<\/p>\n The operative part of the judgment lists precisely the assets for which Francisco Lebasque must formalise a free transfer in favour of Pratdip Town Council:<\/p>\n This list should be distinguished from earlier documents, particularly the 1977 donation proposal, which contained a broader list of assets and installations.<\/p>\n In its legal reasoning, the court recalls that Article 1280 of the Spanish Civil Code requires contracts involving the transfer of real property to be recorded in a public instrument.<\/p>\n Having found the existence of the transfer to be established, and taking into account the position of the Creditors\u2019 Committee, the court declares that Francisco Lebasque is obliged to execute the corresponding public deed<\/span> on the terms sought.<\/p>\n The judgment therefore does not order Pratdip Town Council to accept the assets. What it imposes on the developer is the obligation to formalise their free transfer in favour of the municipality<\/span>.<\/p>\n The judgment of 23 November 1993 marks another stage in a transfer process that had begun many years earlier.<\/p>\n Following the initiatives of 1968, the donation proposal made by Francisco Lebasque in 1977 and the creation of the EUCC in the 1980s, the court now intervenes to establish specifically Francisco Lebasque\u2019s obligation to formalise, by public deed, the free transfer of the listed assets<\/span>.<\/p>\n However, the judgment does not, by itself, establish whether all of these assets were subsequently transferred in practice, entered in the Land Registry or formally taken over by the Town Council. Those questions require an examination of the administrative, notarial and land-registration documents issued after the judgment.<\/p>\n Jim – La Tribune de Planas<\/p>\n COURT OF FIRST INSTANCE OF FALSET<\/p>\n JUDGMENT<\/p>\n In Falset, on the twenty-third day of November, nineteen ninety-three.<\/p>\n STATEMENT OF FACTS<\/p>\n FIRST.<\/strong> \u2014 Through Procurator Mr Gallego Vergara, acting in the name and on behalf of the URBAN DEVELOPMENT CONSERVATION ENTITY OF THE LAS PLANAS DEL REI DEVELOPMENT, proceedings of lesser amount were brought before this Court under number 12\/90, seeking the execution of a public deed for the free transfer of assets by Mr FRANCISCO LEBASQUE and by THE CREDITORS\u2019 COMMITTEE OF THE SUSPENSION OF PAYMENTS OF Mr FRANCISCO LEBASQUE, in favour of PRATDIP TOWN COUNCIL.<\/p>\n SECOND.<\/strong> \u2014 The defendants, having been duly summoned in accordance with the law and having failed to appear or respond to the claim, were declared in default. Evidence having been requested by the claimant, the evidence proposed was taken, with the results recorded in the case file.<\/p>\n THIRD.<\/strong> \u2014 Counsel for the claimant submitted to the proceedings a document signed by the secretary of the Creditors\u2019 Committee in the suspension-of-payments proceedings of FRANCISCO LEBASQUE, stating that at the meeting of that Committee held on 29 May 1990 it had been agreed not to oppose the claim brought by the claimant entity in these proceedings.<\/p>\n LEGAL GROUNDS<\/p>\n FIRST.<\/strong> \u2014 Article 1280 of the Civil Code provides that contracts whose object is the transfer of real property must be set out in a public instrument. The existence of such transfer having been established, and in view of the acquiescence of the Creditors\u2019 Committee in the suspension-of-payments proceedings of Mr FRANCISCO LEBASQUE, it is appropriate, pursuant to Article 1258 of the Civil Code, to declare his obligation to execute the public deed in the terms set out in the claim.<\/p>\n SECOND.<\/strong> \u2014 Since the Creditors\u2019 Committee in the suspension-of-payments proceedings of Mr FRANCISCO LEBASQUE, as the body competent to decide on this matter, has acquiesced, and since such acquiescence occurred before responding to the claim, it is appropriate, pursuant to Article 523 of the Code of Civil Procedure, to exempt it from payment of the costs incurred, which shall be borne by the claimant as a consequence of that acquiescence.<\/p>\n Having regard to the aforementioned provisions and to the other generally applicable and relevant provisions,<\/p>\n I HEREBY RULE<\/p>\n I must declare, and hereby declare, that Mr FRANCISCO LEBASQUE<\/span> is obliged to execute a public deed for the free transfer of the following assets:<\/p>\n
\nProceedings brought by the EUCC<\/h2>\n
\nThe Creditors\u2019 Committee does not oppose the claim<\/h2>\n
\nThe assets covered by the judgment<\/h2>\n
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\nThe court orders Francisco Lebasque to execute the deed of transfer<\/h2>\n
\nAn important stage in the administrative history of Planas del Rey<\/h2>\n
\nTranslation of the original judgment<\/h3>\n