スペイン政府の改正住宅ローン法は、条件が厳しく、住宅ローン未払いによる差し押え·立ち退きの執行の停止にたどり付いたのは、マドリッドの裁判所では、2010年には申請者の6'3%、2011年には8'9%のみ。
ANÁLISIS
Es para hoy, no para mañana
La dación en pago puede ser la opción menos mala para todas las partes
Manuela Carmena 27 ABR 2013 - 22:41 CET
ANALYSIS
Sometime today, not tomorrow
The payment in kind may be the least bad option for all parties
Manuela Carmena 27 ABR 2013 - 22:41 CET
The new law is finalized to stall evictions. It remains almost identically the decree law of 27 November. This includes future standards to be discussed properly, but today, admittedly exceptional, what matters now.
It has spurned Popular Legislative Initiative (ILP) of the Platform of People Affected by Mortgages (PAH) who took the bull by the horns and raised measures. The ruling party nodded, accepting the ILP process. Once approved, the law states that that was just a gesture. Not considered what the difference meant ILP. His claim specific and forceful response to current social drama. The payment in kind, regardless of their potential fit for future legislation may be the least bad option for all parties in this very special situation.
I have always questioned how laws are made, no evaluation data without any of the above rules, but now is more incomprehensible than ever that Congress has not taken into account the results of the application of Decree Law 27/2012.
The General Council of the Judiciary, although this assessment should have picked itself has left us act. Citizenship and Justice Association, in collaboration with Metroscopia, did the rest. This paper presents the study carried out in record time. The figures speak: Decree law has been applied only to a tiny minority of any proceedings in the Courts of Madrid (6.3% in 2010 and 8.9% in 2011).
The conclusion can not be another. We need, in line with the ILP, implement exceptional measures before the situation equally outstanding over 27% of unemployed people. Would have to devise and regulate an exceptional process for today, based on the borrower in good faith can not be responsible or lesser extent unique, suffering the negative consequences of that situation. The proposal of this new procedure is beyond the scope of this forum. It is located a description for another occasion.
We all need that now more than ever and our politicians need to enable participation and direct discussion of citizens in the drafting of laws. Reasoning and empathy are the necessary ingredients in the legislative debate, which have been lacking in the drafting of the new law.
Manuela Carmena was judge and president of the association Citizenship and Justice.
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