The Silent Transformation of Spanish Contract Law

Abstract

Several proposals to modernize obligations and contracts law in the Spanish Civil Code have not succeeded. However, Spanish contract law has evolved through judicial interpretation, which has reformulated existing rules and recognized new ones. This article deals with major transformations in general contract law and special contracts. Additionally, the Civil Code has been affected by its interaction with EU law, as interpreted by the CJEU. Updating the Civil Code in this manner has created conceptual obscurity and has increased legal uncertainty. Formal modernization of the Civil Code would be welcome, provided it treats Spanish private law as an integral part of the pluralistic legal order of the EU.