The family of the businesswomen alleged before the High Court breach of precepts included in one of the Matches of Alfonso X
This is María Elena de Cárdenas, the 98-year-old scourge of the Koplowitz
The Civil Chamber of the Supreme Court has given the reason to Elena de Cárdenas González, a nonagenaria Cuban aristocrat, in the litigation she had with one of the daughters of businesswoman Esther Koplowitz for the title of the Marquis of Campo Florido.
The marquisate was assigned to Alicia Alcocer Koplowitz by her mother, although the High Court considers that it is the Cuban citizen who is responsible for being a relative with a greater degree of relationship with the first concessionaire of this noble title.
Cárdenas went to a civil court in Madrid requesting the legal inefficiency of the assignment for distribution of the title of Marquis de Campo Florido to Alicia Alcocer for having "better and preferential right to hold it", although in this instance his request was dismissed.
Then he appealed to the Provincial Court, which gave him the reason , and this criterion is now maintained by the Supreme Court, which also condemns the Koplowitz to pay the costs of the process .
In its appeal to the High Court, the defense of the family of the businesswoman alleges that the Audience of Madrid infringed in its resolution precepts included in the heading of the Code of Alfonso X the Wise in relation to current decrees on this matter and with the doctrine jurisprudential.
The Chamber, however, gives the reason to the Cuban claimant of the title , which alleges that, in the absence of descendants of the first Marquis of Campo Florido, she holds a better right than the Koplowitz, since she is nine degrees of propincuity with this front to the eleven degrees of collaterality that separate Alicia Alcocer.
Title rehabilitated in 1919
The Supreme Court confirms the thesis of the Provincial Court that, after analyzing the documents provided by the applicant, concluded that the first legal holder of the title was Miguel Cárdenas and Peñalver, as I Marquis of Campo Florido, although the marquisate was vacant after his death until he was rehabilitated in 1919, since then showing him "lower right holders".
At the time of the rehabilitation, according to the documents provided, the best right was the father of Elena de Cárdenas . The allegation to the parties of Alfonso X is rejected because, as explained by the Supreme Court in the ruling released this Friday, the discussion on the best right to the title of Marquis of Campo Florido is now raised among collateral relatives of the first Marquis, which imposes the application of the principle of propriety and excludes that of representation, according to the jurisprudential doctrine itself in which the appellants are supported,
"Consequently, no support has the affirmation of the appeal in the sense that the last legitimate holder was the mother of the defendants, Mrs. Esther Koplowitz Romero de Juseu, since evidently she held the title legally according to administrative regulations, as well as has done his daughter, the defendant Mrs. Alicia, but always with subordination to the appearance of a new relative with better right to the title ", which has now happened in the person of Elena de Cárdenas.
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