It is unlikely that many of our clients are familiar with Spanish Law, but, just in case there are one or two out there that have read about how legal cases can have a “sell by date” here, I’d better explain all this business about expiry dates that in Spanish law is called prescripción and in Common Law as “Statute of Limitations”
Under the Spanish Civil Code, a case can “prescribe” within a certain period if it’s not mentioned specifically by the law used.
Law 57/68 doesn’t mention time limits
So, something called “plazo general”, plazo in this case means deadline, is used.
The “Plazo General” has a shelf life of 15 years.
That’s all right then, still got a couple of years, I bought the “property” in 2006.
But hey, I’ve read that in 2015 (7th October) the Spanish Civil Code Article 1964 was changed and that for these types of cases, the “expiry period” was now only going to be for five years.
So, If I paid my money through the Spanish Banking System in 2006, with this new scenario my case was null and void back in 2011.
OH NO, NO… The change in the article carries something that it’s called a régimen transitorio (that more or less translates itself…). This means to give all five years starting 7th October 2015to to have another bite at the cherry if they haven’t done anything yet. So, your sell by date is now 7th October 2020.
Another bite at the cherry indeed… Nobody knew anything about this law until a few years ago. That’s why I like to call it the “great unknown”
So, there you have it, Ladies and Gentlemen, just under 13 months… And I still have four more Spanish/Moroccan developers to do.
There a lot a technical stuff here and I had my doubts if I really wanted to publish it and bore people to death. But I’d rather have that than someone coming to me because they had been given wrong and alarming information.
Talking of information… If you’d like to receive more, don’t hesitate: