LOS REMEDIOS DEL VENDEDOR EN LAS COMPRAVENTAS DE ACCIONES Y LA SENTENCIA DEL TRIBUNAL SUPREMO, DE 3 DE SEPTIEMBRE DE 2010.

Abstract

The Supreme Court's judgment of 3 September 2010 rules on an appeal concerning breach of contract by the buyer in a share-purchase contract. At issue is the classification of the damages and the amount thereof. The court refused to regard the damage as a case of loss of profits, and did not accept the possibility of a replacement sale as the rule for liquidating damages. This paper proposes a revision of the classification of the case as one of a possible loss of profits, depending on the characteristics of the case, and suggests the viability, in general terms, of the cost of actual substitution as a damage-liquidation system.