Act 1/2000 of 7 January 2000 on Civil Proceedings, following the line set out by the General Council of the Judicial Branch in the White Paper of Justice, where it was pointed out that consideration should be given to a system in which, while maintaining the figure of the court representative as the legal representative of citizens before the courts, the latter could assume other tasks of collaboration with the jurisdictional bodies and the lawyers in charge of the defence of the party in the proceedings, in the framework of the communication activities, in the procedural phases of evidence and execution and in the systems of forced sale of seized assets, did not neglect the opportunity to use the experience of the Court Representation in the achievement of greater efficiency of forced execution, considering for this purpose the professional associations of court representatives as specialised entities in the execution of seized assets.
This section details the services offered by the Consejo General de Procuradores de España [General Council of Court Representatives of Spain] (hereinafter CGPE).
The General Council of Court Representatives of Spain offers by means of its website www.subastasprocuradores.com the possibility of acquiring goods by means of direct sale or extrajudicial auction, as well as acting as a depository of movable goods for their subsequent sale and/or extrajudicial auction.
The use and participation of users in the portal shall be governed by the following Terms and Conditions. We recommend that you read them carefully and, if you consider it convenient, download or print this document for your records.
The use of the site implies the acceptance of the following conditions, and no claims can be made in respect thereof:
At the time of registration the User fully accepts the following Terms and Conditions.
In order to be eligible for the acquisition of the goods published on the website, either by direct sale or extrajudicial auction, prior registration as a user is required.
The CGPE allows user registration to those persons, natural or legal, Spanish or foreign, with legal capacity to contract in accordance with Spanish legislation. Specifically, the direct sales and auctions organised through our website are not open to disabled persons or persons who have been declared bankrupt, insolvent, or otherwise subject to judicial intervention or have been disqualified in accordance with Act 22/2003 of 9 July 2003, the Bankruptcy Act.
Only one registration per natural or legal person is allowed. The user must choose a name by which he/she will be identified by the rest of the users, the rest of the data being duly protected. The name of the selected user must not violate the basic rules of respect and education or infringe the industrial property rights of third parties. Consequently, the use of offensive, insulting or libellous user names is expressly prohibited, as well as those consisting of trademarks and trade names in such a way that they may be associated or identified with any company. CGPE reserves the right not to register any user who violates these conditions.
We remind you that the user account and password of the portal must be personal and non-transferable. In the event that you detect any incident regarding the use of your passwords on the www.subastasprocuradores.com website, we would ask you to inform us as soon as possible. Otherwise, the CGPE will not be liable for any damages that may be caused in this regard.
Once registered on the website, an email will be automatically sent to the email account and an SMS will be sent to the mobile phone number provided on the registration form in order to confirm your registration.
This process is carried out in order to make good use of the services provided by the web portalwww.subastasprocuradores.com allowing the user to be authenticated. If you do not confirm your registration by email and send an SMS to the number indicated in the text message, you will not be registered and will therefore not be able to participate in any of the services offered by the CGPE as a specialised entity. The confirmation SMS is free of charge.
In the event that users participate on behalf of another person or company, they must duly accredit this by providing sufficient powers of representation or using electronic certification. The validity of their participation may be conditional on the effective accreditation of their identity and, where applicable, of their representation.
Users who contravene the rules contained in the terms and conditions will not be able to formalise the sale or auction of the goods carried out through www.subastasprocuradores.com and will lose, where appropriate, the amounts they have paid as a deposit or guarantee, with the CGPE reserving the right to take the appropriate legal action in order to demand responsibility for the damages caused.
The CGPE and the Court Representatives Associations , as specialised entities, act with the utmost legal rigour in the realisation of the assets which they manage through the portal www.subastasprocuradores.com
Auctions held on the online website www.subastasprocuradores.com will be carried out by means of bid certification systems and/or alternatively by notarisation. In some cases, the auction rules may be deposited before a public notary.
The goods to be auctioned will be published periodically on the portal www.subastasprocuradores.com together with the established duration (start and end date of the auction).
A detailed description of the assets and their qualities will appear in the sale bids.
The information on the description and situation of the assets is provided by the person (natural or legal) or judicial authority that carries out the order, so that neither the CGPE nor the Bar Associations may be held liable in the event of an error in the description of the assets subject to auction.
The starting price shall be set by the person (natural or legal) who commissioned the disposal of the asset or, where appropriate, by court order.
All goods or assets to be sold on www.subastasprocuradores.com shall have a start and end date for the sale or auction (as the case may be), which shall be clearly published on the page where the asset is displayed.
The CGPE may require the provision of a security deposit, prior to the publication of this information in the announcement of the asset, this being, where applicable, a prerequisite for participation in the auction of the asset.
In order to take part in the auction, it shall be necessary to provide a deposit by means of the following method:
By bank transfer made directly by the user at his/her bank branch, to the account designated by the specialised entity, for the amount indicated in the information on the asset, indicating the account to which he/she wishes the amount of said deposit to be refunded in the event that he/she is not the successful bidder.
The amount to be paid shall be published in the asset information.
Only upon verification of compliance with the payment requirement shall the specialised entity allow the interested party to participate in the out-of-court auction.
Once the auction has been completed, if the participating user is not the successful bidder for the item(s) for which he/she has bid, the deposit shall be returned to him/her by bank transfer to the same account from which the initial transfer was made, within the period indicated in the specific conditions of the auction.
If, on the other hand, the user has been awarded the object of the auction, the amount deposited shall be reserved as a guarantee of compliance with his obligation to pay the remainder of the price he has bid for the acquisition of the object or objects he has been awarded and, where applicable, as part of the sale price. Once the Notary's office where the transfer of the property is to be formalised is known, the institution shall transfer the amount of the deposit to the Notary's office where the transfer of the property is to be granted, and this amount shall be used to complete the total payment of what has been bid for the property auctioned.
a) Start and conduct of the auction.
The auction takes place on the day and at the time published in the corresponding announcement on the online platform www.subastasprocuradores.com. The date and time used by this platform is the Spanish peninsular time (CET, Central European Time) provided by the time.windows.co server.
The starting price corresponds either to the value that the owner of the asset has considered adjusted in accordance with the market price of assets similar to the one to be auctioned, or to the value that has been legally assigned to said asset, but offers and bids for amounts lower than the established starting price will be taken into account up to the ceiling that the owner or the judicial authority of the asset to be auctioned considers to be the indispensable minimum. The starting price does not include the commission charged by the CGPE for its management.
At the start of the auction the registered user must be connected to the Internet and bid when the timer starts counting down. Bids can only be made as they are higher than those of other bidders.
All bids are registered on the online platform as they are placed by users. The system registers the bid at the moment it is received, regardless of the time at which it is placed by the user. This means that bidding can be affected by the services available to the bidding user (internet access, bandwidth, terminal, etc.).
As the closing date and time of the auction approaches, special attention should be paid to bids made in the last moments of the auction, as the computer system may register it but it is possible that it will not appear as the successful bidder as it was recorded outside the deadline. However, at the request of the person who has ordered the extrajudicial electronic auction, the auction period may be automatically extended if, within the two minutes prior to the close of the auction, a new bid is placed that exceeds the price of the best bid recorded up to that time, in which case, the auction shall be extended for the period established in the specific auction conditions, and so on until no bids are received in the two minutes prior to the close of the auction.
b) Closing and communication of the award.
An auction shall be deemed to have closed when the closing date and time specified in the auction announcement has been reached on the timer, unless an automatic extension has been granted by the online system. In this case, it shall close at the time when bidding on the auctioned asset ceases.
At the end of the auction, www.subastasprocuradores.com shall send an e-mail to the user who has placed the highest of the bids registered, indicating that his bid was the highest bid registered within the established time limits and, consequently, that he is the successful bidder for the asset.
In the event of any conflict between two or more bids, the CGPE shall refer to the Notarial Record drawn up by the notary public or the certification issued by the Time Stamp and shall take as the highest bid the one in which the Notarial Record or the Time Stamp appears as such. In cases where two or more users bid at the same time, without the possibility of verifying the identity of the user who bid first, a “restricted sale” shall be opened among all those users affected by this circumstance.
Once the auction has ended, the specialised entity shall issue a report accrediting everything that has taken place in the auction and, where appropriate, shall send the report incorporating the relevant documents of what took place during the auction as soon as possible.
En el supuesto de que los activos publicados en el portal estén incluidos en un proceso concursal las reglas estarán determinadas en el Plan de Liquidación aprobado judicialmente. Dichas reglas serán debidamente publicitadas en el portal web www.subastasprocuradores.com. Aquello que no esté regulado expresamente en dicho plan en la subasta o la venta directa se aplicará lo dispuesto en los presentes términos y condiciones.
In the event that the asset comes from insolvency proceedings and is encumbered with a charge affecting a claim with special privilege, once the ordinary out-of-court public auction procedure has ended, if the highest bid is less than 50% of the value for which the asset has been put up for auction, the court and the creditor holding the claim with special privilege shall be notified. The said creditor may present a higher bidder within 10 calendar days of such communication or improve the bid himself. If, within this period, a higher bidder is presented or improves the bid, a “restricted sale” phase shall be opened through the web portal www.subastasprocuradores.com among the bidders. This “restricted auction” shall be limited exclusively to the bidder who has submitted the highest bid within the normal auction period and to the creditor or creditors with special privileges who have improved their bid or submitted a third highest bid. The “restricted auction” shall last one hour and shall be carried out in the same way as the normal auction is carried out according to the General Conditions of www.subastasprocuradores.com with the exception that only the two bidders identified above may participate in it, and therefore it shall not be visible to the rest of the users.
Once the deadline set for the holding of the "restricted auction" has elapsed, the result of the same shall be communicated to the insolvency administrator so that he may formalise the award of the asset in favour of the highest bidder in the “restricted sale”.
The creditor with special privilege, whether or not he has been awarded the auctioned asset, must attend the signing of the transfer of the asset in order to cancel any of the charges on the asset and to receive the price, up to the limit of his privileged credit.
Direct sales made through the online platform www.subastasprocuradores.com allow the user duly registered in accordance with the rules contained in previous paragraphs to enter their offer in relation to the asset they wish to acquire.
The assets that are the object of direct sale will be published periodically on the portal together with the established duration (start date and closing date for the reception of bids).
A detailed description of the assets and their qualities will appear in the sale bids.
The information on the description and location of the assets is provided by the person (natural or legal) or the judicial authority placing the order, for which reason the CGPE cannot be held liable in the event of an error in the description of the assets being sold.
The selling price is set by the person (natural or legal) who commissioned the asset disposal or by the judicial authority.
All goods or assets to be sold on www.subastasprocuradores.com shall have a start and end date for the sale, which shall be clearly published on the page where the asset is displayed.
The CGPE may require the provision of a security deposit, prior to the publication of this information in the announcement of the asset, this being, where applicable, a prerequisite for participation in the sale of the asset.
The fact of entering an offer for the acquisition of any of the assets published on the electronic portal www.subastasprocuradores.com does not imply that the user has become the owner of the asset whose sale has been managed through the CGPE. It should be borne in mind that all the assets advertised on www.subastasprocuradores.com are owned by third parties, the CGPE will inform the owner of the asset or the judicial authority of the offers received and it will be up to the latter to decide whether it considers the best offer received for the asset to be appropriate.
In the event that the assets whose sale management is entrusted to us are included in a bankruptcy process, the rules by which said sale must be verified will be determined in the Liquidation Plan approved by the court, and will be duly publicised on the web portal www.subastasprocuradores.com. In all matters not expressly regulated in the said plan, the provisions of these terms and conditions shall apply.
The CGPE shall charge a management fee for the use of the online platform www.subastasprocuradores.com to the successful bidder in the online auction or in the direct sale that has been carried out through this online platform.
In the case of assets acquired in a direct sale, in the event that the user finally formalises the sale of the asset with the owner, he/she shall pay a management fee to CGPE, which shall amount to 4% of the sale price in the case of real estate, and 15% of the sale price in the case of movable assets.
El abono de dicha comisión deberá realizarse previamente a la formalización de la transmisión del activo cuya venta directa o subasta extrajudicial se haya llevado a cabo a través de www.subastasprocuradores.com, siendo ésta condición indispensable para poder finalizar con éxito la transmisión del activo.
In the case of assets subject to bankruptcy proceedings, the specific amount of the commission to be received shall be reflected in the judicially approved liquidation plan. Failing this, the percentages set out in the preceding paragraphs shall be taken into consideration.
In the event that the user who has been awarded a property for sale or auction through this electronic platform withdraws his bid unjustifiably, in addition to losing the amount of the deposit he has made, he may lose his right to participate again in any other sale or auction process carried out through this platform.
Payment of the price of the property awarded shall be made in accordance with the conditions and deadlines established by the owner of the property, or in accordance with the provisions of the judicial decision authorising the CGPE or the Court Representatives Associations to carry out the sale and/or auction of the property.
In the event that, for any reason beyond the control of the CGPE, the successful bidder of the asset withdraws his bid, without prejudice to the liabilities that he may acquire with regard to the individual or legal entity that commissioned us, he shall pay the CGPE the full amount of the commission actually accrued.
The CGPE does not guarantee the continuous availability of the functioning of the portal and will not be responsible for the interruption of the service due to the temporary fall of the server or for possible omissions, loss of information, data, configurations, improper access or breach of confidentiality that have their origin in technical problems, communications or human omissions caused by third parties or not attributable to the CGPE or to the third parties that carry out the work. Likewise, the absence of viruses or elements in the contents, which may cause alterations in the software or hardware of users or persons visiting the page, is not controlled in advance, so it will not be liable for damages of any kind that may arise from them.
In the event that the CGPE suspects that a user may have committed an unlawful act in relation to its terms and conditions of service, it has the right to investigate the matter and take legal action against the perpetrator, without prejudice to the immediate removal of the user from the site.
The CGPE reserves the right to modify, restrict, cancel or declare an auction, bid or sale null and void, when there are sufficient reasons that imply such actions (due to computer artifice, technical reasons, security, etc.), not being the CGPE responsible for any damages.
For any matter related to the fulfilment and execution of this document, the parties agree to submit to Spanish law and, waiving any other jurisdiction that may correspond to them, to the Courts and Tribunals of Madrid.