Post by account_disabled on Jan 18, 2024 8:37:04 GMT
An ordinary lawsuit is filed in compliance with the obligation to elevate the private purchase and sale contract to a public deed. That, the dispute arises from a contract for the sale of a plot of land for a value of 18,000.00 euros paid in installments in amounts of 3,000.00 euros, with full payment having been made by my client. Aim. Question raised. That the private purchase and sale contract be condemned to be elevated to public deed. The strategy. Proposed solution. Formulates a demand for ordinary trial in compliance with the obligation to submit the private purchase and sale contract to a public deed. The judicial procedure Jurisdictional Order : Civil Court of initiation of the procedure : Court of first instance and investigation. Type of procedure : Ordinary procedure. Procedure start date : 07-22-2022 Parts Claimant: –Pepe. Defendant: – Cristina. Requests made Claimant: 1- That the private purchase and sale contract of the date that accompanies.
this lawsuit be condemned to be elevated to public deed. 2- That, in the event that the defendant does not make the disputed purchase and sale contract public, in execution of the Judgment a resolution is issued considering that the decla Whatsapp Number List ration of will has been issued in the manner established in article 708 of the Law of Civil Procedure. 3- The corresponding body is requested to order the segregation of the real estate under discussion, as it is a modification of the existing property, as proven in the plan that has been attached to this lawsuit. 4- The defendant is ordered to pay the costs of this procedure. Defendant: 1- A judgment is issued agreeing to the complete dismissal of the lawsuit filed, with express imposition of the costs on the plaintiff.
Arguments Claimant: – COMPETENCE AND JURISDICTION The Courts of First Instance and Investigation of XXXX are competent to hear this dispute since, by virtue of article 50.1 of the Civil Procedure Law, territorial jurisdiction corresponds to the Court of the defendant's domicile. – LEGITIMATION This party is entitled to appear in this procedure because it is the owner of the contentious legal relationship as determined by article 10 of the Civil Procedure Law. – PROCEDURE This procedure must be substantiated through the rules of the Ordinary Trial, regulated in articles 399 and following of the Civil Procedure Law, in accordance with what is established in article 249 of the aforementioned regulations and this because the price of the sale was 18,000.00 euros, which exceeds the 6,000.00 euros from which claims must be followed by the rules of the Ordinary Trial. – CAPACITY OF THE PARTIES Both the active and passive parties have the capacity to be a party in accordance with article 6 of the Civil Procedure.
this lawsuit be condemned to be elevated to public deed. 2- That, in the event that the defendant does not make the disputed purchase and sale contract public, in execution of the Judgment a resolution is issued considering that the decla Whatsapp Number List ration of will has been issued in the manner established in article 708 of the Law of Civil Procedure. 3- The corresponding body is requested to order the segregation of the real estate under discussion, as it is a modification of the existing property, as proven in the plan that has been attached to this lawsuit. 4- The defendant is ordered to pay the costs of this procedure. Defendant: 1- A judgment is issued agreeing to the complete dismissal of the lawsuit filed, with express imposition of the costs on the plaintiff.
Arguments Claimant: – COMPETENCE AND JURISDICTION The Courts of First Instance and Investigation of XXXX are competent to hear this dispute since, by virtue of article 50.1 of the Civil Procedure Law, territorial jurisdiction corresponds to the Court of the defendant's domicile. – LEGITIMATION This party is entitled to appear in this procedure because it is the owner of the contentious legal relationship as determined by article 10 of the Civil Procedure Law. – PROCEDURE This procedure must be substantiated through the rules of the Ordinary Trial, regulated in articles 399 and following of the Civil Procedure Law, in accordance with what is established in article 249 of the aforementioned regulations and this because the price of the sale was 18,000.00 euros, which exceeds the 6,000.00 euros from which claims must be followed by the rules of the Ordinary Trial. – CAPACITY OF THE PARTIES Both the active and passive parties have the capacity to be a party in accordance with article 6 of the Civil Procedure.