Post by nijhumnishita033 on Jan 11, 2024 9:15:41 GMT
Sentence that the accused compensate the victim's relatives in the total amount of 200,000 euros, with the following distribution: 50,000 euros for the mother, 50,000 for each of the two children, and 50,000 euros to be distributed among the three brothers . Likewise, he must compensate the Aragonese Health Service in the amount of 5,620 euros, since after the attack the victim was treated at the Zaragoza Clinical Hospital, where she died four days later.In his opinion, although the repeated payment of the notary fees was made by one of the borrowers, it was in the interest of both , so any of them could claim it in court. Supreme Court: estimation of the appeal Now, the First Chamber of the TS upholds the appeal filed and orders Unicaja to pay the plaintiff borrower, in addition to the amounts already established in the appeal ruling, the sum of 286.66 euros , plus the legal interest from the dates in which the improper payments were made.
The sixth rule of the General Rules of Application of Annex II of Royal Decree 1426/1989, of November 17, which approves the Tariff for Notaries, establishes: “the obligation to pay the fees will correspond to those who Phone Number Data have required the provision of functions or services of the Notary and, where appropriate, to the interested parties according to the substantive and fiscal regulations, and if there are several, to all of them jointly . Frontal del Tribunal Supremo (Foto: Economist & Jurist) Well, after reproducing the previous provision, the High Court states that, "as both borrowers were jointly and severally debtors of the notary's fees, any of them could make the payment (...), extinguish the obligation (...) and request that it be issued the invoice in your name.
Without prejudice to the fact that he could subsequently repeat his corresponding part with respect to the other co-debtor”, as enabled by art. 1145 of the CC. Both borrowers were jointly liable for the notary fees. That said, from that perspective of common interest, and since, according to reiterated jurisprudence, notary expenses must be paid in half between the bank and its client, " any of the borrowers is entitled to claim from the bank the part unduly paid ," he reasons. the First Room. Specifically, as art. 1141 of the CC enables each of the joint creditors to do everything that may be useful to the others, but not what is harmful to them, the appellant-borrower “ has the legitimacy to claim undue payment in the common interest , in a similar way.