
Contract Law in Spain
Description
Alles über E-Books | Antworten auf Fragen rund um E-Books, Kopierschutz und Dateiformate finden Sie in unserem Info- & Hilfebereich.
An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of 'consideration' or 'cause' and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of 'relative effect', termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance.
Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Spain will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.
More details
Other editions
Additional editions

Content
- Intro
- Title Page
- Copyright Page
- The Author
- List of Abbreviations
- General Introduction
- Chapter 1. The General Background of the Country
- §1. GEOGRAPHY
- §2. CULTURAL COMPOSITION
- §3. POLITICAL SYSTEM
- I. The Constitutional Framework
- II. Private Law, the State and the Autonomous Communities
- A. Criteria for Applying One of the Spanish Laws in Force
- B. The Extent of the Regional Private Laws
- III. Political Parties
- IV. Social and Cultural Values
- Chapter 2. Spanish Law Belongs to the Romanistic Legal Family
- Chapter 3. Primacy of Legislation
- Chapter 4. The Position of the Judiciary
- Chapter 5. Distinction Between Public Law and Private Law
- Chapter 6. Distinction Between Civil Law and Commercial Law
- Introduction to the Law of Contracts
- Chapter 1. Definition of Contract
- §1. BASIC PRINCIPLES
- §2. CONTRACT AND THE SOURCES OF OBLIGATIONS
- §3. UNILATERAL ACTS AS A SOURCE OF OBLIGATIONS
- §4. CONTRACT AS A JURIDICAL ACT
- Chapter 2. Historical Background of the Law of Contracts
- Chapter 3. Classification of Contracts
- §1. CONSENSUAL AND REAL CONTRACTS
- §2. SOLEMN CONTRACTS
- §3. UNILATERAL AND BILATERAL (SYNALLAGMATIC) CONTRACTS
- §4. GRATUITOUS AND ONEROUS CONTRACTS
- §5. COMMUTATIVE AND ALEATORY CONTRACTS
- §6. NOMINATE AND INNOMINATE CONTRACTS
- §7. INSTANTANEOUS, LONG-TERM AND ON INSTALMENT CONTRACTS
- Chapter 4. Contract and Tort
- §1. CONTRACT LAW AND TORT LAW
- §2. PLURALITY OF JURISDICTIONS
- Chapter 5. Contract and Quasi-Contract
- §1. NEGOTIORUM GESTIO
- §2. RESTITUTION OF PAYMENTS NOT DUE
- §3. ENRICHMENT WITHOUT CAUSE
- Chapter 6. Contract and the Law of Property
- §1. NO DISTINCTION BETWEEN LEGAL AND EQUITABLE OWNERSHIP
- §2. TRANSFER OF OWNERSHIP
- Chapter 7. Contract and Trust
- Chapter 8. Good Faith and Fair Dealing
- Chapter 9. Style of Drafting
- Chapter 10. Sources of the Law of Contracts
- §1. AREAS OF SPANISH PRIVATE LAW, MAIN CODES AND ENACTMENTS
- §2. FINDING THE LAW
- I. Legislation
- II. Case Law
- III. Books and Encyclopaedias
- Part I. General Principles of the Law of Contract
- Chapter 1. Formation
- §1. AGREEMENT AND QUID PRO QUO (RECIPROCITY)
- I. Offer and Acceptance
- A. The Offer
- B. Damage in the Case of Revocation of an Offer
- C. The Acceptance
- D. Contracts by Correspondence
- II. Intention to Create Legal Relations
- III. Consideration
- §2. FORMAL AND EVIDENTIAL REQUIREMENTS
- I. Formal Requirements
- A. Contracts under Seal
- B. Solemn Contracts
- 1. Different Kinds of Formal Requirements
- 2. Donation and Form
- 3. Functions of the Notary
- II. Evidential Requirements
- A. The Law of Evidence
- B. Documentary Evidence
- C. Probative Effect of Notarial and Other Authentic Instruments
- D. Probative Effect of Private Documents
- E. Probative Effect of the Date of a Private Document
- F. Probative Effect of Copies
- G. Introduction of Documents
- H. Evidence by Testimony
- I. Presumptions and Inferences
- J. Admissions
- K. Expert's Report
- L. Judicial Examination
- III. Burden of Proof
- A. Exceptions to the Repartition of Burden of Proof
- B. Duty of Best Efforts and Duty to Achieve a Specific Result
- §3. LIABILITY AND NEGOTIATIONS
- I. Pre-contractual Liability
- II. Breakdown of Negotiations
- III. Pre-contract
- Chapter 2. Conditions of Substantive Validity
- §1. CAPACITY OF THE PARTIES
- I. Minors
- II. Aliens
- III. Married Women
- IV. Insanity
- V. Moral Persons
- §2. DEFECTS OF CONSENT
- I. Mistake
- A. Mistake as to the Substance
- B. Mistake as to the Person
- C. Mistake in Corpore and as to the Transaction
- D. Mistake Which Will Not Make the Contract Voidable
- E. Consequences
- II. Fraud (Deceit)
- III. Violence (Duress) and Threats
- A. Violence
- B. Threats
- IV. Laesio
- A. The Civil Code
- B. Catalan Law
- C. Navarre Law
- §3. OTHER CONDITIONS OF VALIDITY
- I. Existing and Lawful Cause
- A. Functions of Cause
- B. The Vices of the Cause
- 1. Simulation
- 2. Mistake as to the Cause
- C. The Cause as a Means of Qualification of the Contract
- II. The Object of the Contract
- A. The Object Must Be Determined or Determinable
- B. The Object Must Be Possible
- C. The Object Must Be Lawful
- III. Initial Impossibility
- IV. Illegality and Public Policy: Unenforceable Contracts
- §4. THE CONSEQUENCES OF A DEFECT OF CONSENT OR A LACK OF SUBSTANTIVE VALIDITY
- I. Avoidance of the Contract: Nullity
- A. Absolute Nullity
- B. Partial Nullity
- C. Relative Nullity (Anulabilidad)
- II. Retroactive Effect of Avoidance or Nullity
- A. Effects Between the Parties
- B. Effects as Regards Third Parties
- III. Damages
- Chapter 3. The Contents of a Contract
- §1. THE DIFFERENT CLAUSES
- I. Ascertaining of Express Terms
- II. Implied Terms
- III. Standard Terms and Exemption Clauses
- A. Standard Terms
- B. Exemption Clauses and Limitation Clauses
- IV. Penalty Clauses
- V. Earnest Money
- VI. Arbitration Clauses
- §2. INTERPRETATION
- I. The Role of Good Faith
- II. Construction of the Contract
- III. Much Restricted Control by the Supreme Court
- §3. CONDITIONAL CONTRACTS
- I. Condition and Term
- II. Casual, Mixed and Potestative Conditions
- III. Impossible and Unlawful Conditions
- IV. The Effect of a Condition
- A. Pendente Conditione
- B. Eveniente Conditione
- C. Deficiente Conditione
- Chapter 4. Privity of Contract
- §1. THE RULE OF PRIVITY OF CONTRACT
- I. Third Parties and the Contract
- II. Contract for the Benefit of a Third Party
- III. Contract for Person to Be Designated
- IV. Contract Damaging a Third Party
- V. Contracts Which Impose Obligations on Third Parties
- VI. Direct Action
- §2. TRANSFER OF CONTRACTUAL RIGHTS
- I. Assignment of Credits
- A. General Principle
- B. Effects of the Assignment
- C. The Transfer as Against Third Parties (Other than the Debtor)
- II. Subrogation
- III. Assignment of Contract
- §3. SUBCONTRACTING
- §4. OBLIQUE ACTION, PAULIAN ACTION AND DIRECT ACTIONS
- I. Oblique Action
- II. The Paulian Action
- III. Direct Action
- Chapter 5. The End of the Contract
- §1. PAYMENT AND BREACH
- I. Payment
- A. Who May Pay?
- B. Whom Should One Pay?
- C. What to Pay?
- D. Special Rules as to Payment of Money Debts
- E. Payment with Subrogation
- II. Non-performance
- A. Debtor's Delay
- B. Definitive Non-performance: Permanent Impossibility to Perform
- C. Defective Performance
- D. Imputable and Non-imputable Non-performance and Their Consequences
- III. Creditor's Default
- §2. IMPOSSIBILITY, FRUSTRATION AND HARDSHIP
- I. Irresistible Force
- II. Impossibility
- III. Absolute or Practical Impossibility
- A. Subsequent Impossibility
- B. Impossibility for Which the Debtor Is Not Responsible
- C. Objective Impossibility
- D. Partial Impossibility and Temporary Impossibility
- IV. Loss of Subject Matter
- V. No Doctrine of Unforeseen Circumstances
- VI. The Doctrine of Good Faith
- VII. Contractual Allocation of Risk
- VIII. Administrative Contracts
- IX. Consequences of Force Majeure
- §3. DISCHARGE BY AGREEMENT
- I. Release
- II. Confusion of Rights
- III. Datio in Solutum
- IV. Payment by Transfer of Property
- V. Set-Off
- §4. NOVATION
- I. Conditions for Novation
- II. Delegation
- III. Novation on Initiative of the New Debtor
- IV. Effect
- §5. RESCISSION
- §6. WITHDRAWAL
- Chapter 6. Remedies
- §1. GENERAL PROVISIONS
- §2. FAULTY BEHAVIOUR OF THE DEBTOR
- §3. SPECIFIC PERFORMANCE AND INJUNCTIONS
- I. Specific Performance
- II. Astreintes
- III. Seizure
- §4. TERMINATION
- I. Exercise of the Right to Terminate
- II. Consequences of Termination
- §5. EXCEPTIO NON ADIMPLETI CONTRACTUS (THE DEFENCE OF NON-performance BY THE OTHER PARTY)
- I. Exceptio Non Adimpleti Contractus
- II. Lien
- §6. RESTITUTION
- §7. DAMAGES
- I. The Concept of Damages (daños y perjuicios): Types of Damages
- II. Proof and Measure of Damages
- III. The Duty of the Creditor to Mitigate the Damage
- §8. LIMITATION OF ACTIONS
- I. The Spanish Civil Code
- A. Commencement
- B. Prescription Periods
- C. Interruption and Suspension
- D. Lapse of Rights
- II. The Civil Law of Catalonia
- A. Commencement
- B. Prescription Periods
- C. The Long-Stop Period
- D. Suspension of Prescription
- E. Interruption of Prescription
- F. Effects of Prescription
- G. Agreements Concerning Prescription
- III. Verwirkung
- Part II. Specific Contracts
- Chapter 1. Agency
- §1. REPRESENTATION AND MANDATE
- §2. OBLIGATIONS OF THE MANDATOR
- §3. OBLIGATIONS AND RIGHTS OF THE MANDATARY
- §4. THE RELATIONSHIP BETWEEN THE MANDATARY AND THE THIRD PARTY
- §5. TERMINATION OF MANDATE
- §6. BROKERAGE
- Chapter 2. Bailment
- §1. THE JURIDICAL RELATIONSHIP OF BAILMENT
- §2. BAILMENT OF NECESSITY
- §3. SEQUESTRATION
- §4. PARKING
- Chapter 3. Aleatory Contracts
- §1. GAMING AND BETTING
- §2. CONTRACT FOR LIFE ANNUITY
- Chapter 4. Sale of Goods
- §1. MAIN FEATURES
- §2. OBJECT
- §3. PRICE
- §4. DELIVERY AND PASSING OF OWNERSHIP
- §5. SELLER's WARRANTIES OF TITLE AND QUALITY
- I. Warranty Against Eviction
- II. Warranty Against Latent Defects
- III. Remedies of the Unpaid Seller
- IV. The Sale of Consumer Goods: Remedies of the Consumer
- §6. DOUBLE SALE
- §7. THE PASSING OF THE RISK
- §8. ADDITIONAL AGREEMENTS
- I. The Option of Repurchase
- II. Pactum Disciplentiae
- III. Retention of Title-Clause
- §9. MODALITIES OF SALE
- I. The Sale on Instalment
- II. Distance Selling
- III. Contracts Concluded Away from Business Premises
- §10. THE CONTRACT OF EXCHANGE
- §11. THE CONTRACT OF SUPPLY
- Chapter 5. Building Contracts: Hire of Work and Hire of Services
- §1. THE DISTINCTION BETWEEN HIRE OF WORK AND HIRE OF SERVICES
- §2. HIRE OF WORK
- I. The Civil Code
- II. The Contractor's Liability in the LOE
- §3. HIRE OF SERVICES
- Chapter 6. Lease
- §1. THE GENERAL LAW
- I. Main Features of Lease
- II. Obligations of the Lessor
- III. Obligations of the Lessee
- IV. Assignment of Lease
- V. Duration: Tacit Renewal
- VI. Sale Breaks Hire?
- §2. DWELLINGS FOR PRINCIPAL RESIDENCE
- §3. BUSINESS PREMISES, DWELLINGS NOT FOR PRINCIPAL RESIDENCE
- §4. AGRICULTURAL HOLDINGS
- §5. LEASING
- §6. RENTING
- Chapter 7. Compromise Settlements
- Chapter 8. Suretyship
- §1. THE SURETY's OBLIGATION
- §2. THE EFFECT OF SURETYSHIP BETWEEN THE CREDITOR AND THE SURETY
- §3. THE EFFECT OF SURETYSHIP BETWEEN THE DEBTOR AND THE SURETY
- §4. THE EXTINCTION OF SURETYSHIP
- §5. THE EFFECT OF SURETYSHIP BETWEEN CO-sureties
- §6. SUB-suretyship
- §7. FIRST DEMAND GUARANTEES
- Chapter 9. Pledges
- Chapter 10. Loan
- §1. LOAN FOR USE
- §2. SIMPLE LOAN
- §3. LOAN AT INTEREST
- Chapter 11. Contracts with the Government and Other Public Institutions
- §1. LEGAL FRAMEWORK
- §2. SUBJECTIVE SCOPE OF APPLICATION OF THE LCSP
- I. Public Sector
- II. Public Administrations
- III. Contracting Authorities
- §3. OBJECTIVE SCOPE OF APPLICATION OF THE LCSP
- I. Typical Contracts
- II. Contracts with Harmonized Regulation (SARA Contracts)
- III. Administrative Contracts and Private Contracts
- Chapter 12. Contract of Civil Partnership
- §1. BASIC FEATURES OF PARTNERSHIP
- §2. LEGAL PERSONALITY OF PARTNERSHIP
- §3. THE CONTRACT OF CIVIL PARTNERSHIP
- §4. THE PARTNERSHIP AND THIRD PARTIES
- §5. THE EXTINCTION OF THE PARTNERSHIP
- Chapter 13. Quasi-Contracts
- §1. NEGOTIORUM GESTIO
- I. Concept
- II. Requirements
- III. Obligations of the Manager (Actio Directa)
- IV. Obligations of the Principal or Dominus (Actio Contraria)
- A. Emergence of the Obligations
- B. Content of the Obligations
- V. Special Management: Maintenance and Funerals
- §2. UNJUST ENRICHMENT
- I. A Principle in Search of a Legal Provision
- II. The Requirements for the Condictio
- III. Unjustified Enrichment and Tort
- IV. The Consequences of the Condictio
- V. Exploring the Boundaries: Unjustified Enrichment and Family Law
- §3. MONEY PAID BUT NOT DUE
- I. Concept and Regulation
- II. Requirements
- A. Datio
- B. Indebitum
- C. Error
- III. The Claim for Restitution
- A. Nature and Subjects
- B. Object
- IV. Exception from the Obligation to Restitute
- V. Effects of Undue Payment in Relation to Third Party's Rights
- Selected Bibliography
- Index
System requirements
File format: ePUB
Copy protection: Adobe-DRM (Digital Rights Management)
System requirements:
- Computer (Windows; MacOS X; Linux): Install the free reader Adobe Digital Editions prior to download (see eBook Help).
- Tablet/smartphone (Android; iOS): Install the free app Adobe Digital Editions or the app PocketBook before downloading (see eBook Help).
- E-reader: Bookeen, Kobo, Pocketbook, Sony, Tolino and many more (not Kindle).
The file format ePub works well for novels and non-fiction books – i.e., „flowing” text without complex layout. On an e-reader or smartphone, line and page breaks automatically adjust to fit the small displays.
This eBook uses Adobe-DRM, a „hard” copy protection. If the necessary requirements are not met, unfortunately you will not be able to open the eBook. You will therefore need to prepare your reading hardware before downloading.
Please note: We strongly recommend that you authorise using your personal Adobe ID after installation of any reading software.
For more information, see our ebook Help page.