Termination, failure to comply and ways to guarantee in food contracts

Abstract

Spanish legislators acknowledge an important role of the failure to comply in food requirements, devoting almost an entire article to it. Ultimately, regulations in these contracts comply with the endeavor to protect the credit of the person who receives the food or recipient, as a consequence of the burden of the contract, that is to say insofar as the transfer of an asset has occurred specifically in exchange for the food provided. Hence, that is where objectiv- ity that regulates this issue comes into play, as article 1795 in the Civil Code automatically recognizes the right of the recipient to end the contract when the intended purpose has failed.

Moreover, once the contract has been settled, the restitution of goods and rights that were transferred in the contract are attempted to be secured to the utmost as stated in the contract. While articles 1795 and 1796 of the Civil Code attempt to guarantee said restitution facing the food provider, article 1797 of the Civil Code anticipates the possibility asserting it even to third parties, via access to the Property Registry.