Every commercial contract has its risks and it is of great importance to your business operations that it is done right. Are you looking for solutions to settle or avoid unnecessary discussions or disputes? You can rely on our leading professionals for legal advice in Palma De Mallorca.

Frequently Asked Questions

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Yes. According to the Spanish regulation, there is a responsibility to discuss a commercial contract in good faith. Article 7 of the Spanish Civil Code states clearly that “the exercise of any right should be made conferring to the standards of good faith.” This requirement indulges both parties to act honestly and diligently during a contract negotiation.

Even though the Spanish Mercantile Code and Civil Code stay quiet at this particular situation, it is commonly acknowledged by the Spanish court of law that, except if there is to some extent contrary proof, the past set of terms to be given before the execution of the agreement will govern the contract. Thus the ‘last shot’ doctrine, as set up by the contracts regulatory for the international sales of goods (Vienna Convention) will on a fundamental level win, except if the underlying provider dismisses the new set of terms introduced by the counterparty.

On no account is there a legal obligation attached to drafting a contract in the Spanish local language. Though, in cases where the parties involved in the contract are Spanish citizens, it is advised to prepare the contract in Spanish. In all occasions, an agreement written in another dialect other than Spanish will involve an authorized translator to be legitimately conjured in court.

Indeed, you can enter into a contract online.

According to the Spanish law, a contract shouldn’t be in a specific structure to be legally binding. On condition that the essential basics of a contract be existent (agreement of wills of both parties (purpose, and reason of the contract, offers and acceptance), doesn’t make a difference if the agreement is formalized on paper or the internet.

The Spanish law is established on the standard of freedom to contract, given that the terms agreed are not opposed to required laws, public policy or ethics. Some legislative controls apply when the other party is attempting to prohibit or restrict its obligation. For example, a party can’t prohibit its liability for misfortune brought about by misrepresentation or fraud. Moreover, statutory limits apply to particular kinds of relationships (for example, employment relationships or commercial agency relationships).

Standard structure contracts are dependent upon Law 7/1998 of 13 April on (the Act on General Conditions of Contract). In general terms being genuinely incorporated, the counterparty must know their existence and content before ending the agreement.

Specific terms might be suggested into a contract by law – for example, the title to the merchant’s property, the conformity of the goods provided with the satisfactory quality. Any implied terms might be avoided in a commercial relationship with an understanding of both parties. However, the Act on General Conditions of Contract will apply, when the exclusion forms part a set of standard terms.

Yes. Spain is endorsed and adhered to the Vienna Convention since 24 July 1990. It became effective on 1 August 1991.

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