Contract Law in Spain

2. Auflage 2015
ISBN: 978-90-411-6157-4
Verlag: Wolters Kluwer

Buch, Englisch, Format (B × H): 156 mm x 234 mm, Gewicht: 354 g

Reihe: International Encyclopaedia of Laws

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.

Ist 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 ist value in the study of comparative contract law.

Autoren/Hrsg.

Vaquer, Antoni

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Westeuropa, Südeuropa

Inhaltsverzeichnis

The Author
List of Abbreviations
General Introduction
Chapter 1. The General Background of the Country
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
Chapter 2. Historical Background of the Law of Contracts
Chapter 3. Classification of Contracts
Chapter 4. Contract and Tort
Chapter 5. Contract and Quasi-Contract
Chapter 6. Contract and the Law of Property
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
Part I. General Principles of the Law of Contract
Chapter 1. Formation
Chapter 2. Conditions of Substantive Validity
Chapter 3. The Contents of a Contract
Chapter 4. Privity of Contract
Chapter 5. The End of the Contract
Chapter 6. Remedies
Part II. Specific Contracts
Chapter 1. Agency
Chapter 2. Bailment
Chapter 3. Aleatory Contracts
Chapter 4. Sale of Goods
Chapter 5. Building Contracts: Hire of Work and Hire of Services
Chapter 6. Lease
Chapter 7. Compromise Settlements
Chapter 8. Suretyship
Chapter 9. Pledges
Chapter 10. Loan
Chapter 11. Contracts with the Government and Other Public Institutions
Chapter 12. Contract of Civil Partnership
Chapter 13. Quasi-Contracts
Selected Bibliography
Index