VALOR JURÍDICO DE LAS CONDICIONES GENERALES EN LA CONTRATACIÓN.

Abstract

General conditions are an emerging phenomenon within the modern modes of contracting. Frequently their impact has been observed through the lens of the legal prejudice they may involve, whereas general conditions do tend to be abusive, since they are imposed by one party from a position of superiority over the other party. However, it is not good to neglect their indubitable advantages, as they facilitate better access to the market for vast layers of the population who would otherwise be stymied for economic reasons. This perspective is the one that justifies the legal efficacy general conditions enjoy, which is the subject of study herein. For this purpose, the elements characteristic of legal discourse are handled with an eye to the eminently practical: the effective introduction of the Act on general contracting conditions, with its reforms in the Revised General Act for Consumer and User Defence, the debate aroused in scientific doctrine and application through Spanish and Community court case law.