An embargo order issued against Wizink for not fully serving a sentence

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ACourt of Linares (Jaén) has issued a seizure order against Wizink Bank for not having fully paid the 3,000 euros that it was obliged to pay to a client, as compensation, for having wrongly included him in the Risk Information Center of the Bank of Spain (CIRBE). As the online bank deposited only 2,722.19 euros in Court , the consumer's representation was forced to have to present the corresponding demand for forced execution.

(Photo: Beatriz Álvarez/Cadena Ser) Thus, alluding to the “spirit” of art. 6 of the Principles of European Contract Law, the Judge recalls that “the parties should have – will have the obligation – to negotiate an adaptation Phone Number Data of the contract in circumstances such as those that occurred.” For all these reasons, in the case at hand, “ the application of the rebus sic stantibus clause is appropriate ,” concludes the Judge. Failed Already situated in the ruling, the Court, in application of the jurisprudential doctrine relating to the rebus sic stantibus clause in consideration of arts.



7 and 1,258 Civil Code , condemns the defendant owner to modify the contract signed in April 2016 based on the following criteria: 40% reduction in income and proportional part of IBI from April to January when this ruling is issued (November 2021) 20% reduction in income and proportional part of IBI in the month of December 2021. Moratorium on the payment of pending rents until December 2021, the date on which it will begin to be paid proportionally, monthly, in 24 equal monthly installments, without penalty or accrual of interest . Prohibition to include the tenant (and guarantor) in any defaulter file until December 31, . Suspension of the application of the sixth clause (joint and several liability of guarantors) and eighth (non-payment) of the contract until December 31, .