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ESTUDIOS INTRODUCTORIOS: I. El proceso de elaboración de la disciplina sobre condiciones generales de nuestro ordenamiento, por Aurelio Ménendez Ménendez. II. Condiciones generales de la contratación (esbozo de una evolución), por Luis Díez-Picazo y Ponce de León. III. Función económica y naturaleza jurídica de las condiciones generales de la contratación, por Jesús Alfaro Águila-Real. CAPÍTULOS I. Disposiciones generales. II. No incorporación y nulidad de determinadas condiciones generales. III. Del registro de condiciones generales en la contratación. IV. Acciones colectivas de cesación, retractación y declarativa de condiciones generales. V. Publicidad de las sentencias. VI. Información sobre condiciones generales. VII. Régimen sancionador.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in Spain covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. 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.
A unique collaboration between academic scholars, legal practitioners, and arbitrators, this handbook focuses on the intersection of arbitration - as an alternative to litigation - and the court systems to which arbitration is ultimately beholden. The first three parts analyze issues relating to the interpretation of the scope of arbitration agreements, arbitrator bias and conflicts of interest, arbitrator misconduct during the proceedings, enforceability of arbitral awards, and the grounds for vacating awards. The next section features fifteen country-specific reviews, which demonstrate that, despite the commonality of principles at the international level, there is a significant of amount of differences in the application of those principles at the national level. This work should be read by anyone interested in the general rules and principles of the enforceability of foreign arbitral awards and the grounds for courts to vacate or annul such awards.
The topics addressed in this book have traditionally been covered in separate publications on civil and commercial law. This dualism of regimes has made it difficult for students and professionals alike to comprehend Spanish private law as a whole. In the past this has led to inefficient duplication of explanations, gaps in key areas and an altogether fragmented picture. Introduction to Spanish Private Law presents a consolidated, modern, and realistic image of today’s Spanish private legal system. It combines both civil and commercial law and integrates them in the same book, making the overall subject far more accessible to readers. This united approach results in a more logical and efficient process of learning. Finally the issues that are addressed reflect the reality of today’s economic and legal scene. This book attempts to provide the readers with the necessary legal instruments to tackle the real problems arising from a globalized modern society. The general principles in this book are presented from a practical point of view that emanates from the authors’ conception of a legal system as an instrument to solve social problems in accordance with a set of principles, values and aims.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) turned 40 in 2020 and experts around the world didn’t miss the celebrations. This book collects twenty-five studies in tribute to the CISG for its 40 anniversary, written by experts from Europe, America and Asia, with different focus of analysis. The goal of “The transnational sales contract. 40 years influence of the CISG on national jurisdictions” is to present what we have learned from the CISG during this time of born, development and consolidation. The book aims at navigating through the influence of the CISG in different jurisdictions, thus revealing the creation and existence of a truly autonomous and transnational contract law of worldwide application.