Civil

Multidisciplinary law and economics firm in Barcelona

Force Majeure

Amid the current international sanitary crisis due to Covid-19 and the State of Alarm declared in Spain we should review the concept of “force majeure”, which has become an unexpected protagonist these days. Despite that, the Spanish legislation does not contain any specific regulation. This concept has been therefore developed by the Spanish doctrine and […]
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Financial compensation for non-material damages in Spain

Legal doctrine and jurisprudence in Spain assume that financial compensation for damage must be all-inclusive and, therefore, compensation should not only include material damages but also non-material damages. Therefore, based on the general principle of the Spanish system, “restitutio in integrum”, there is consensus both on the part of the doctrine and jurisprudence when defining […]
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Constitutional protection: Absence of judicial control of unfair clauses that ignore the primacy of European Union law

The Judgment of the Plenary Session of the Constitutional Court (hereinafter TC) No. 31/2019, of February 28, dictates doctrine on the scope of the right of the respondent in enforcement proceedings to demand judicial control ex officio of unfair clauses in consumer contracts, based on an interpretation of the jurisprudence of the Court of Justice […]
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