Fundamental questions about the Terms of (y II)

General Terms and Conditions

 

 

 

 

 

 

 

 

 

 

 

General Conditions of Contract must meet certain requirements to be incorporated into the contract.

Join the contract requirements

Articles 5 and 7 LCGC require the following:

1.- The adhesive has to accept its inclusion in the agreement and this must be signed by all Contracting.

2.- The contract must reference to Terms and conditions incorporated.

3.- The company must have informed on the existence of Terms and conditions and deliver a copy to the adherent.

4.- If the contract is not in writing, the Terms and conditions should advertise in a visible place, inserted in the documentation or any other form that allows the adherent publicize its existence and content at the time of signing the contract.

5.- If the contract is accepted electronically or by phone, must record the acceptance of each and every one of the parties to the contract and immediately sent a written justification the contract made, where all the terms listed.

6.- The General Terms and Conditions must meet the criteria transparency, clarity, precision and simplicity.

7.- If the contract is executed before notary, it must ensure compliance with the requirements of incorporation contract and ensure that adherents know and accept the Terms and conditions (art. 23 LCGC).

How should we interpret the General Conditions?

If there is disagreement with the particular conditions, latter prevail, except that the Terms and Conditions they are most beneficial for the adherent (art. 6.1 the LCGC).

If there dark conditions, should be interpreted in favor of the adhering (art. 6.2 the LCGC). This criterion "contra proferentem" stated in Article 1.288 Civil Code: Dark clauses not favor who had caused the darkness. Article 6.6 LCGC expected of alternative rules for interpreting contracts of the Civil Code is applicable.

Grounds for revocation or incorporation of the General Conditions

Articles 7 and 8 the collected. Not bind to the adherent Terms and Conditions that:

a) The adhesive has had no opportunity to know when held the contract or that are not intended as needed.

b) Sean ilegibles, ambiguous, obscure or incomprehensible, unless they comply with the rules governing transparency in its scope.

c) Contradict the LCGC u otra peremptory norm or prohibitiva.

In these cases, the bonding must claim in court invalid or non-incorporation contract. The judgment will have effect between the parties involved in the process only.

There is the possibility of raising collective actions cessation, retraction of the declarative. Article 16 indicates the LCGC actively legitimated (associations, Chambers of Commerce, professional associations, Prosecutor and etc.).

If demand estimation, the Clerk direct a warrant holder Registry Terms of.

The LCGC establishes the possibility of sanctions of the predisposing Terms and Conditions in his article 24.

In summary, if you have problems with a contract containing Terms of business, legal mechanisms to defend their interests.

Consult your case by clicking here.

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