CHAPTER 19
Understanding Private Autonomy in Contract Law
Test your knowledge on private autonomy and contract law with our engaging quiz! Covering key concepts from the Civil Code and Commercial Code, this quiz is designed for anyone interested in contract law and consumer rights.
Take the challenge and see how much you know! Key topics include:
- Contract content determination
- Consumer protection
- Commercial contract interpretation
- Obligations and arrears
Private autonomy entails:
Freedom to conclude-or not-a contract
Freedom in the determination of the contract content
Formal freedom, which means that, unless otherwise provided by a specific regulation, there is no need to comply with any formal requirements so as to conclude a contract
All the above
Should a consumer or a user be part of a contract:
The CC should prevail over the C.Com
The C.Com should prevail over the CC
The protection of Consumers and Users Act should prevail over the CC and the C.Com
None of the above
Which of the following satetements is false?
Act34/2002 declared the validity and efficiency of the consent given througth electronic means
Telegraphic communication shall always be admitted as proof
Commercial contracts shall be valid ans binding and actionable in court provided their existence is proved by any of the means established in Civil Law
Any means to record words, sounds and images shall also be admited, as shall any instruments that allow words, data and mathematical operations carried out for accounting purposes or any other purposes, wich are relevant to the proceedings, to be saved, known or reproduced
Which of the statements is true?
As regards the precise moment when a contract between absent parties could be deemed to be concluded, there were several differences between Art. 1.262 CC and 54 C.Com, some of them historical
Act 34/2002 unified the content of Art. 1.626 CC and 54 C.Com with certain exceptions
Art 1.262 CC and 54 C.Com have not accepted the receipt theory
All the above
Compensation clauses:
Can be included in civil and commercial clauses but, should the contract be commercial, with certain specialities.
Are forbidden under the provisions of the C.Com.
Are forbidden under the provisions of the CC.
All the above.
As regards interpretation of commercial contracts:
The rules established in Arts. 1.281 to 1.289 CC must be applied.
The rules established in Arts. 1.281 to 1.289 CC must be applied. However, said rules should be complemented by Arts. 57, 58 and 59 C.Com.
The courts of justice are free to interpret them without taking into c) account the provisions contained in the CC and the C.Com.
None of the above.
Grace periods:
May be granted by the courts of justice under any circumstances.
May be granted by the courts in civil contracts.
May be granted by the courts in commercial contracts.
Can never be granted by the courts.
Obligations without a preset term:
Are not legal under Spanish law.
Shall always, according to Art. 62 C.Com, be callable 10 days after being contracted.
Shall, according to Art. 62 C.Com, be callable 10 days after contracted if they only bring about ordinary action and, on the same day, if involving execution.
None of the above.
Arrears in commercial contracts:
Are subject to Art. 1.100 CC.
Are subject to certain specialities contained in Art. 63 C.Com.
Concerning contracts that stipulate a date for fulfilment of commercial obligations that is agreed by the parties or provided for under the law, these are deemed to be in arrears on the day following said date.
B) and c) are correct.
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