The new regulation of rescisory remedies in sales contracts, in the new regulation of the Book VI of the Civil Code of Catalonia.
Since the 1st of January 2018, we have a new regulation of two legal figures of the Catalan tradition that is based on the principle of maintenance of balance between the services, in onerous operations with the purpose of transferring goods.
They are the termination due to injury and the unfair advantage that they have, in addition of the unrenounceable character at the moment of conclusions of the contract and that they expire at the head of four years of this conclusion, the following regulation:
Termination due to injury becomes generalist, since all omitted exchange contracts are preached, not only of the purchase and sale of real estate (as until now), and is extended because it is not only a right of the alienator but also of the acquirer.
Essentially, it is defined as the imbalance, at the time of the conclusion of the contract, which confirms that the market value of such service performed is less than half the market value of the service being provided.
The unfair advantage is defined as the imbalance that occurs as a result of a particular situation occurring at the time of the conclusion of the contract, from which derives the inequality between the parties and which affects the performance. These are cases of dependence, spatial relationship of trust, economic vulnerability, imperative need, excessive profit or a manifestly unfair advantage.
The damaged party may request the adaptation of the content of the contract to the contracting practice prevailing at the time of its conclusion and to the requirements of good faith and honesty of dealings in order to avoid termination.