La Audiencia de Málaga considera responsables al Santander y a Unicaja de lo pagado a AIFOMálaga´s High Court considers Santander and Unicaja responsible for what was paid to AIFOS

October 5th. 2021

The Provincial Court still has hundreds of appeals fpending to be decided.

In a ruling notified a few days ago, the High Court, in a matter defended by Ley 57 Lawyers in coordination with Spanish Legal Reclaims, considers the appeal of a buyer when it understands that the banks must respond for everything paid, while rejecting the appeal of both financial entities. Therefore, the injured party will recover more than 56,000.00 euros plus interest.

The High Court´s Chamber, it says, «shares» the reasoning that «according to the jurisprudential doctrine of the Supreme Court, (the defendants) have to assume the obligation of guarantee against the buyers who made deliveries on account to AIFOS in any promotion precisely because the lack of detail regarding the real estate developments that covered the generic guarantees means that the defendants, now appellants, have to assume the guarantee obligation vis-à-vis the purchasers without this objective limitation »

And it is that, he concludes, the guarantees «are documents drawn up by the guarantor entities themselves, so that the indeterminacy of the real estate developments to which said contracts served as a framework for the issuance of the corresponding individual guarantees is attributable exclusively to the entities themselves , and not enforceable neither to AIFOS nor to the buyers … »

It also dismisses the allegations of the entities regarding the form of payment, mostly bills of exchange, since the coverage of the law «must now also be extended to any other amount that appears in exchange bills, since otherwise it would not occur. the objective pursued in the first paragraph of the first additional provision of Law 38/1999, according to which the insurance must compensate «the breach of the contract», in a manner analogous to the provisions of Law 57/1968 for the «anticipated amounts «.

Undoubtedly a sentence that will encourage those affected who still have their matter in court pending final resolution.

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