What are the elements for Breach of Contract in Spain?

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18 May 2010 12:00 AM by Raindown Star rating. 3 posts Send private message

Can anyone provide me with the basic elements for Breach of Contract.  I familiar with law in the United States, but Spain is new and it is tuff to find a translation of the Civil Code.

Thanks.





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19 May 2010 7:47 PM by Raindown Star rating. 3 posts Send private message

I should probably ask:  What are the defenses to breach of contract in Spain? 

That is, if I am the defendant is a contract action, what are my defenses?  Can I claim plaintiff did not mitigate or that they did not fulfill their obligations?  Perhaps the legal "terms" I am using don't translate into Spanish law well.

Thanks.





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20 May 2010 7:48 AM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

mariadecastro´s avatar

 Dear Rainbow:

 Contract breach judgment in Spain depends on the type of contract.

As a general rule reciprocal obligations are cancelled if one of the parties breaches its lot in the contract.

Best,

Maria



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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20 May 2010 7:31 PM by Raindown Star rating. 3 posts Send private message

Thank you Maria.  I'm trying to understand Spanish contract law with limited reasoruces in the United States.  I appreicate the reply.

Thanks again.





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20 May 2010 7:45 PM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

mariadecastro´s avatar

Please send any questions you may have. I am pleased to help americans... it is my second homecountry!



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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