EUPillar Belinda. Roj: SAP GC 28/2013 - ECLI:ES:APGC:2013:28 Id Cendoj: 35016370042013100007

Summary

The matter of the following case is an applicable law dispute in Spain based on the application of Rome I Regulation provisions and the defence of immovable property rights. Key facts: Two Finnish brothers request their mother (a Finnish citizen) to grant a public deed in Spain concerning an immovable property situated in Spain. The immovable property was donated by the mother in Finland, according to Finnish law. Court decision: the court comes to the conclusion that, according to art. 11.5 of Rome I Regulation, the law applicable to the case is Spanish law. The requirements of form of the law of the country where the property is situated must be respected. The court applies the provisions of Rome I Regulation for a contract the subject matter of which is a right in rem in immovable property or a tenancy of immovable property. The court estimates that this one should be subject to the requirements of form of the law of the country where the property is situated (Spain) if by that law those requirements are imposed irrespective of the country where the contract is concluded and irrespective of the law governing the contract, and those requirements cannot be derogated from by agreement. Appeal history (not available in the database): Court judgment: Juzgado dePrimera Instancia número 7 de Las Palmas (Juicio Ordinario 1755/2010) Date: 25-03 2011