Saturday, April 9, 2011

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Mocion . aprobada por el pleno municipal de Mollet sobre las Hipoteques a proposta de ICV-EUIA


MOTION IN DEFENSE OF LAW HOUSING
Because housing is a fundamental human right contained in Article 47 of the English Constitution ial'Estatut Catalonia.
Whereas the unemployed is causing a rapid increase in executions of expulsion from the residence for non-payment of mortgage, subordinate to a fundamental financial interests and generating serious personal and family problems. In this regard, according to the General Council of Judicial Power, in 2008 58,686 were executed, nearly 115,000 in 2009 and is expected to close 2010 with more than 180,000 deportations of residence. Since the legislation
English mortgage is extremely favorable financial interests, is not compatible with the right priority to housing the Constitution and established our statute as if it happens in other countries like France or the United States, which have more laws close to the interests of citizens.
Whereas social organizations and those concerned are taking legal initiatives to reverse this situation.
Group ICV-EUiA City Town Hall in Parliament proposing the adoption of the following agreements:
First .- To propose to the prosecutor that people in eviction proceedings for nonpayment of mortgages when the borrower provides evidence that the contract may contain irregularities regarding the execution of guarantees or warranties or other, or when the procedure was not complete embargo lished to ensure that this information and the rights of the borrower.
however, propose to the Council of the Judiciary in fulfilling its responsibilities relating to the improvement of judicial protection of the legitimate interests of rights citizenship, establish recommendations for the judges to act ex officio in the procedures for seizure, when legal appreciate irregularities in contracts or mortgage the real effectiveness of the rights of the borrower. Second .-
urged the State Government to reform the Mortgage Law in the sense that only good answer mortgaged as collateral for payment of mortgage credit granted.
Third: - urge the State Government to reform the civil code to regulate the "Pay-tions" as the preferred procedure to extinguish any obligation arising from the nonpayment of a mortgage and its inclusion in civil code. Fourth .-
urged the State Government to adopt appropriate legal provisions to which suspended the execution of an eviction as a result of nonpayment of the mortgage on the residence when at least one member of the household are unemployed.
Five .- To transfer this agreement to the State Government, the Congress and Senate groups, the FAVV, CCOO, UGT,

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