From the conventional retraction to the right of reacquisition

Abstract

This paper analyzes the regulation of the pactum de retrovendendo based on the Civil Code Proposal prepared by the Association of Professors of Civil Law. The Proposal, unlike the Spanish Civil Code, no longer considers what it calls the “right of reacquisition” as a cause for termination of the sale contract, but rather configures it as a modality of real acquisition rights. The nature and legal regime of the right of reacquisition is analyzed, and its substantivity against the right of option is questioned, all with a critical spirit and with continuous comparisons with the Civil Code of Catalonia, with the aim of contributing to the debate and, if possible, improvement of the Proposal.