The imperative nature of payment terms under the Spanish Act on measures to combat delinquency in commercial transactions and its treatment in international contracts

Abstract

The Supreme Court's ruling of 23 November 2016 recognises the imperative nature of the payment terms set in Act 3/2004 of 29 December establishing measures to combat delinquency in commercial transactions. In practice, applying imperative payment terms in international contracts may involve certain complications, depending on the legislation and jurisdiction applicable in each case, as well as the possible consideration of the act as a police law.