Statutory limitation on actions asserting the voidability of abusive clauses

Authors

  • FRANCISCO REDONDO TRIGO

Keywords:

Contract law, Abusive clauses, Voidability of general conditions, Statutory limitation

Abstract

The contention that actions to set aside general conditions of contract and abusive clauses are time barred is constantly made on the basis of the statutory limitation of four years for voidability provided for in article 1301 of the Civil Code. This has been repeatedly rejected by the Spanish Provincial Courts, which have unanimously ruled that such actions to set aside are not time barred.

Published

2017-10-30

Issue

Section

ESTUDIOS JURISPRUDENCIALES: DERECHO MERCANTIL (2013-2021)

How to Cite

Statutory limitation on actions asserting the voidability of abusive clauses. (2017). Critical Review of Real Estate Law, 763, 2750 a 2767. https://revistacritica.es/rcdi/article/view/1226