ADHESION CONTRACT

This type of contracts are those in which the bidder proposes the conditions to the public and the acceptor simply adheres or not to the same.


The adhesion contract is radically separated from the concept of contract that seems to be established in article 1255 of the Spanish Civil Code, when it says that the contracting parties can set pacts, clauses and conditions, because it is not an individualized and negotiated contract, but normally a massive one.


The offeror in the adhesion contract offers basically a form with the contracting conditions and the acceptor is limited to adhere and sign it, having very little margin for negotiation, when not a total absence of it.

The absence of negotiation in this type of contracts implies a certain weakness of the contractual substrate, and moreover, we must understand therefore, there is not an authentic agreement as the conditions are determined unilaterally through the only will of the offeror.


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