REFLECTIONS ON THE PRELIMINARY BUSINESS CODE BILL AND COURT DOCTRINE ON RESCISSION DUE TO INJURY

Abstract

Section 344 of the prevailing Spanish Code of Commerce prohibits the pre-eminently regional Spanish legal concept of rescission due to injury in business sales. The preliminary Business Code bill no longer does so, and therefore it may revive the problem of whether or not regional civil law that does recognize rescission due to injury should be applied in a supplementary capacity. The answer also depends on the interpretation of another change in the preliminary Business Code bill, the replacement of the term «general law» with «civil legislation».