DECISION ON PROCEDURAL ABUSE

The Supreme Court dismissed the appeal, upholding the trial court’s decision that the defendant was unjustly enriched. The ruling reinforces that unjust enrichment serves as a fundamental equitable remedy in cases where financial gain is obtained without legal justification. The defendant was ordered to return €61,784.91 plus legal interest and costs of €3,000 plus VAT to the claimants. This decision sets a precedent ensuring that bank guarantees cannot be misused as a means of unjust financial gain, reaffirming the role of equity and fairness in financial transactions.

The eviction of statutory tenants due to demolition is a significant and complex legal issue governed by the provisions of the Rent Control Law, Law 23/83, and the corresponding case law.

According to the law, an act of bankruptcy occurs under several circumstances. Understanding these components is crucial for insolvency practitioners in the field of insolvency law, as it helps navigate the complexities surrounding creditor and debtor rights.