We are living in very difficult times not solely from a personal, family and human point of view but also from business perspective, as a set of measures have been approved which greatly affect usual functioning of our production, distribution, advertising, sale and purchase system, our employment market, as well as our relations with different… Continue reading More about the clause “rebus sic stantibus” at times of Covid-19
Category: Civil
The Supreme Court declares that the interest rate on revolving credit cards constitutes usury
The Supreme Court has issued a ruling indicating that interest rates which are higher than 20% for deferred payment on revolving credit cards constitutes usury. This interest rate on revolving credit cards is considered by the Supreme Court to be disproportionate. The rate reaches 27% on occasion, and this is far and above what may… Continue reading The Supreme Court declares that the interest rate on revolving credit cards constitutes usury
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… Continue reading Force Majeure
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… Continue reading Financial compensation for non-material damages in Spain
Brief reflection on the challenge to a judgement and the opposition to an appeal proceedings
Article 461 of the Civil Procedure Law allows a judgement to be appealed by the party that initially would not have done so, but takes advantage of the fact that the other party does so. In this case a separate appeal is filed without limits as to its scope and effects. The reason for this… Continue reading Brief reflection on the challenge to a judgement and the opposition to an appeal proceedings
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… Continue reading Constitutional protection: Absence of judicial control of unfair clauses that ignore the primacy of European Union law