- Contracts. Action for rescission of contracts in fraud creditors. "Consilium fraudis." Criminal Supreme Court Judgement of March 23, 2011.
SECOND .- The first complaint alleging the violation of the provisions of Article 1111 of the Civil Code, in connection with articles 1297 and 1291-3 of the same Code, as the applicant understands that the sentence contested states that terminated contracts have been made to benefit a third party or in order to harm the creditor, which makes no reference to the existence of a prior conviction but to a simple car that agrees to dispatch execution, which also states that there is no other assets in the estate of the debtor as of retailers remain solvent and that the plaintiff had to guarantee the selling price recovery that the defendant Parks Inversora SL Corporation had to obtain from their customers, without having significance to the fact that the debtor has been declared legal status later in bankruptcy.
The appeal hearing, after referring to the requirements of action for rescission, states (third legal basis) that the existence of the claim of the plaintiff is credited by the enforcement procedure of the Court No. 233/00 of First Instance No. 4, Majadahonda which sent execution against the assets of Gallery Park Commercial Real Estate Corporation today Inversora SL-SL-Park to cover the amount of 745,680,000 pesetas in principal, on the other hand, it was accredited the conclusion of contracts of sale dated June 26 2000 and October 2, 2000 by which Parks Gallery Commercial Real Estate SL conveyed the farm to United Parks Galleries SL and once it was released execution and writ of attachment as of June 21, 2000. Thus, the Court continues - was no damage to the plaintiff to his action by removing assets that it has no other means of receivables through the termination requested as Corporation Inversora Parks SL was declared legal status of bankruptcy and insolvency final, being the passive than active, by order dated December 29, 2004 issued by the Court of First Instance No. 13 Madrid . Hearing also understands that the purchaser United Parks Gallery SL was complicit in the fraud, since the same individuals, Don Francisco and Don Pedro Casimiro - who represented Parks Gallery Commercial Real Estate Corporation today Inversora SL-SL Park - when the latter bought the plaintiff as of April 27, 2000 certain properties of that debt is the origin of this litigation, are represented in different positions then both defendants to sign contracts June 26, 2000 and October 2 2000, through the companies Payola Management BV, Rannok BV, BV and Studies Redruth, Maintenance and Construction SA More »
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