Breach of Contract in Spanish Law

49 Pages Posted: 2 Apr 2009

Date Written: July 23, 2007

Abstract

The re-construction of Contract Theory and of the legal regime of contractual relationships is one of the most urgent tasks for Private Law in Spain. This paper presents some preliminary observations about the basic structure of breach of contract and its legal consequences in Spanish Law, based on a functional view of contract - hence focusing on the consequences upon the contracting parties' behavior - that emphasizes some dimensions of the analysis. First, that contracts should be conceived as a key instrument of cooperation among the contracting parties as economic agents, and that the traditional regime of breach of the parties' obligations is merely instrumental. Inside Contract law, the available remedies for breach of contract are the core feature creating the main incentives for the essential choices open to the contracting parties. Second, it tries to present the important contributions of the Spanish Supreme Court in systematizing the scattered normative material provided by the Civil Code. Finally, some reflections on the recent import of Common Law legal notions and contractual practices in Spanish Law, most notably the representations and warranties clauses that are currently part of almost every significant corporate acquisition in Spain

Keywords: Contract Law, Breach of Contract, Contract Remedies, Law and Economics

Suggested Citation

Gomez-Pomar, Fernando, Breach of Contract in Spanish Law (July 23, 2007). InDret, Vol. 3, 2007, Available at SSRN: https://ssrn.com/abstract=1371488

Fernando Gomez-Pomar (Contact Author)

Universitat Pompeu Fabra ( email )

Ramon Trias Fargas 25-27
08005 Barcelona
Spain
(34-93) 542 16 47 (Phone)
(34-93) 542 17 31 (Fax)

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