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Jurist2014
02-18-2014, 09:51 AM
Hello,

Currently I'm working on a comparative study of the battle of forms (this situation arises when two businesses are negotiating the terms of a contract and each party wants to contract on the basis of its own terms). I wondered whether the Spanish legislation/jurisprudence says anything about this subject. Maybe there is legal literature what explains the battle of forms-regulation in Spain? I'm not searching for answers related to the Spanish interpretation of the United Nations Convention on Contracts for the International Sale of Goods (CISG). I'm only searching for the relevant Spanish national regulations.

In the Netherlands there is specific article that defines the battle of forms-regulation (art. 6:225 paragraph 3 Dutch Civil Code). In Germany they have a specific article too (art. 306 German Civil Code). I'm searching for a similar article in Spanish law. If there is not a similar article, then my question is if there is any literature/jurisprudence that explains how Spanish law deals with the battle of forms.

Thank you!

Jurist2014
03-10-2014, 12:17 PM
I found el Ley de Condiciones Generales de la Contratación , but this act does not say anything about a battle of forms. The 'contra proferentem-rule' can be found in the Código Commercio, Código Civil and in el Ley de Condiciones Generales de la Contratación as well. Does the contra proferentem-rule govern the battle of forms situations? Some authors say that the contra proferentem-rule implies the so called 'last shot-theory.' I need reliable (Spanish) sources to confirm this. Anyone?