Jurisprudential view in respect of the applicable law to the sale of immovable property located abroad. Case study according to judgment of the Provincial Court of Murcia, nº 98/20

Abstract

With this judgment, the Spanish Judge clarifies that, under the preconstitutional 57/1968 Law, of July 27, those buyers who acquire a home for a non-residential purpose will not be protected, and specifically, it considers that they must to exclude those purchasers who, although they are individuals, buy the home with an investment purpose, considering as such those professionals in the real
estate field, or those individuals who, without being professionals in the sector, invest in the purchase of homes under construction to resell them during the building process or upon completion. In accordance with this idea, it is significant to assess the effectiveness of the Law covenant inserted in a contract for
the sale of an asset located abroad and to reflect on the consumer cataloging in a diffuse framework generated by the usual practice of investment in this type of real estate in foreign legal traffic