The Court Supreme Recognizes The Right Of Ownership To Los Heirs Of A Pharmaceutical Died

Posted by marmara on June 23, 2013

The Mace of the Supreme Court has just given the reason to Asefarma, one of the consultants for management active leading pharmacies in our country (). And it is that that institution House and nullifies a judgment of the Superior Court of Justice of Madrid appealed by the Legal Department of the company, and recognizes ownership of a subjective right transmissible to the heirs to the deceased pharmacist. Thus the things, and as explained by Adela good Perez-Victoria, head of the Legal Department of Asefarma, there has been a favorable ruling to the client that we represent in the remedy of Cassation No. 386/2006?, says. A dilemma mortis causes this has been the process followed: u La Sala’s contentious section 4th of the Supreme Court, has decided that in a particular case related to transmission mortis causes of pharmacies – which is not specifically provided by the pharmaceutical legislation of application – and that is questioned if in relation to the in fact concrete course and the legal question raised, a pharmacist awarded both the authorization of opening of a new Office of Pharmacy and the authorization of installation and whose death occurs once requested visits by opening or starting one, but until the aforementioned visit was conducted, boasted at the time of his deatha subjective right about the license of community pharmacy, transmissible to his heirs who allowed the appointment of a senior pharmacist that was at the forefront of community pharmacy during the period specified in the applicable regulations, to the effect that those materialize the transmission to a third party of the pharmacy. u the Department Juridico de ASEFARMA, who assumed the legal address on behalf of one of the heirs of the deceased pharmaceutical, always argued the thesis that neither Decree 909/1978 of 14 April and the order of 21 November 1979 (State regulations) as well as the Decree 115/1997 of 18 September and the Law 19/1998, dated November 25 (regional regulation), they contemplate or regulate the mode of proceeding in cases similar to which occupies us, so, consequently, provisions of article 661 of the Civil Code, shall apply to said assumption inheritance.

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