Natural persons or legal entities entering into a contractual relationship with a third party are advised to study the provisions of the respective contract in order to avoid possible disputes which may arise due to a misunderstanding or the omission of an important aspect of the document. Even so, contractual disputes can arise due to the fact that one of the parties did not respect his or her obligations. In this case, the parties may enter into a contractual dispute, which can be resolved through several legal options, starting from alternative dispute resolution to litigation. Our team of Spanish lawyers can offer an in-depth presentation on the main possibilities to resolve a contractual issue in Spain.
Contractual enforcement in Spain
Most of the countries in the world have established various types of contracts to seal numerous commercial relationships. Such contracts are set up in order to ensure that the parties involved will respect the terms agreed upon. As a general rule, all contracts in Spain have to follow specific regulations, as prescribed in the legislation regulating this field.
However, even in the situation in which the parties set up a contract following the main provisions that have to be stipulated, such as the object of the contract, the rights and obligations of the parties, the deadline to meet, the terms of the contract or special clauses that might end the commercial relationship, conflicts may arise.
In such cases, the parties can agree upon an amicable resolution, such as meditation, which can be a good option when the parties want to resolve the case in a fast manner, with minimum costs; our team of Spanish attorneys can offer more details on this matter.
Contractual disputes, resolved through litigation
Regardless of the object of the contract, the parties can decide to bring the case into a Spanish court when the alternative dispute resolution failed to provide a solution favourable to both parties. In this situation, the case can be resolved through litigation, but it is necessary to know that, in Spain, such conflicts can be brought to the court in a period of maximum 15 years.
It is also important to know that the Spanish legislation prescribes that in a cross-border contract the governing law of the respective document shall be recognized in the local courts.
Persons interested in receiving further details on how to resolve a contractual dispute in Spain can address to our Spanish law firm.