Some important articles of the Spanish Civil Code to consider in a breach of contract
Some important articles of the Spanish Civil Code to take into consideration when you are facing a breach of contract with non-fulfilled payment obligations:
In accordance with article 1,089 of the Civil Code, obligations arise from the law, from contracts and quasi-contracts and from illegal acts and omissions or in which any kind of fault or negligence intervenes.
On the other hand the art. 1091 states that the obligations arising from the contracts have the force of law between the contracting parties, and must be fulfilled in accordance with them.
Articles 1254 and 1255 of the Civil Code relating to contractual freedom and autonomy of will.
Article 1256 of the Civil Code establishes that the validity and fulfillment of contracts cannot be left to the discretion of the contracting parties.
Article 1258 of the Civil Code, which states that contracts are perfected by mere consent, and since then are binding, not only to comply with what is expressly agreed, but also to all the consequences that, according to their nature, are in accordance with good faith, and to the use and to the law.
Article 1278 of the same legal body is also applicable regarding the binding nature of contracts, whatever the form in which they were entered into.
Article 1100 of the Civil Code, says that those obliged to deliver or do something are in default from the time the creditor judicially or extrajudicially demands compliance with their obligation.
In the same way, article 1,108 states that if the obligation consists in the payment of an amount of money, and the debtor is in default, the compensation for damages and losses, in the absence of an agreement to the contrary, will consist of the payment of the agreed interest, and in the absence of an agreement, in the legal interest.