- Audiencia Provincial de Granada
SALES CONTRACT - BETWEEN A SPANISH INDIVIDUAL AND A SPANISH REAL ESTATE COMPANY - REFERENCE TO UNIDROIT PRINCIPLES TO CONFIRM THAT SOLUTION PROVIDED BY APPLICABLE DOMESTIC LAW (SPANISH LAW) IS IN CONFORMITY WITH INTERNATIONAL STANDARDS
TERMINATION OF CONTRACT FOR NON-PERFORMANCE BY SELLER - BUYER´S RIGHT TO FULL COMPENSATION OF HARM SUSTAINED AS RESULT OF NON-PERFORMANCE - NON-MONETARY HARM SUCH AS EMOTIONAL DISTRESS - RECOVERABLE - REFERENCE TO ARTICLE 7.4.2 (2) UNIDROIT PRINCIPLES
"A Spanish individual claims, as buyer, against a real estate developer company, as seller, for termination of a sale and purchase agreement of a property for breach of the latter, and compensation for moral damages. The property was sold as free from liens and encumbrances and was, therefore, not delivered to the buyer.
The Court of Appeal’s ruling, by reference to Article 7.4.2 of the UNIDROIT Principles, among other, declares the valid termination of the sale and the buyer’s right to compensation not only for all amounts paid but also for moral damages due to the wilful misconduct of the seller and the anxiety disorder caused to the buyer, confirming the ruling handed down by the judge of first instance."
(cf. C. Doria in "Perspectives in Practice of the UNIDROIT Principles 2016", IBA Publication 2019, p. 279-280)