Entrada en vigor del libro VI del Código Civil Catalán

libro VI del Código Civil Catalán

El 2018 nos trae, como regalo adelantado de Reyes, una nueva norma: El libro VI del Código Civil Catalán. La misma entra en vigor el 1 de enero de 2018, y tendrá una incidencia directa en nuestra vida, ya que afecta al contrato estrella del ordenamiento jurídico, la compraventa, y presta una especial atención a la compraventa de consumo.

En este artículo haremos un breve resumen de las principales novedades, para ir abordando las mismas en las próximas semanas. El nuevo texto sigue la linea europea de protección al consumidor, modifica los plazos de prescripción, 3 años, ( denominados por el código como remedios) e introduce múltiples conceptos jurídicos indeterminados, como el de honradez , apartándose en este sentido de los códigos de tradición napoleónica y acercándose a los anglosajones.

Las principales novedades son:

1.- Nueva regulación de la COMPRAVENTA, con especial atención a la compraventa de consumo y su regulación en el mismo texto que la compraventa civil.

2.- La regulación de una nueva figura jurídica «la conformidad», que el bien se corresponda a lo pactado. Esta nueva regulación planteará múltiples problemas.

3.-Nueva regulación de la RESCISIÓN POR LESIÓN, la cual no será de aplicación sólo a las compraventas de inmuebles sino a cualquier negocio jurídico de transmisión del dominio. 2

4.-Regulación por primera vez de la «VENTAJA INJUSTA» para evitar los casos de abuso de una de las partes frente a la otra.

5.-Regulación de los contratos de colaboración, con especial referencia al MANDATO, de las obligaciones entre mandante y mandatario y del PODER IRREVOCABLE, recogiendo la doctrina del Tribunal Supremo y separándose del principio general de revocabilidad de los poderes.

Como siempre, estamos a tu disposición para cualquier consulta o ampliación sobre este artículo, en Globalway abogamos por el derecho preventivo.

Alba Novell Vera

Globalway Abogados

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