SpainLey 7/1998 sobre condiciones generales de la contratación, Articles 5, 7 and 8 (Incorporation and Nullity of Standard Terms)
Ley 7/1998, de 13 de abril, sobre condiciones generales de la contratación, arts. 5, 7 and 8
In force since .
A contract terms of service (ToS) rule binding public and private bodies.
- Obligation class
- Contract terms
- Audit expectation
- none
What it requires
- Obtain the adherent's acceptance of the incorporation of standard terms and the signature of all the contracting parties, and make the contract refer to the standard terms incorporated (art. 5.1).
- Inform the adherent expressly of the existence of the standard terms and give the adherent a copy of them, because without both, acceptance of incorporation cannot be understood to exist (art. 5.1).
- Draft standard terms in line with the criteria of transparency, clarity, concreteness and simplicity (art. 5.5).
- Do not rely on standard terms that the adherent had no real opportunity to know in full when the contract was made, or that are illegible, ambiguous, obscure or incomprehensible, subject to the exception in art. 7(b) for terms the adherent expressly accepted in writing that conform to the transparency rules of the sector concerned (art. 7).
- Treat standard terms that contradict this Act or any other mandatory or prohibitive rule to the detriment of the adherent as void, unless the term itself sets a different effect for the case of contravention (art. 8.1).
These lines are LexLint's reading of the law's text.
What it makes you log
Logging duty
Articles 5, 7 and 8 set the conditions on which standard terms become part of a contract and the cases in which they are not incorporated or are void. They impose no duty to create, keep, produce or review a log or record.
- Kind
- None
- As of
What this law does
Standard terms are pre-drafted clauses whose incorporation into the contract one party imposes, drafted to be incorporated into a plurality of contracts. The Act applies to contracts containing standard terms made between a professional, the predisponente, and any natural or legal person, the adherent. The adherent may also be a professional. Standard terms become part of the contract when the adherent accepts their incorporation and all the contracting parties sign it.
Acceptance of incorporation cannot be understood to exist where the predisponente has not expressly informed the adherent of the existence of the terms and has not given the adherent a copy of them. Standard terms are not incorporated into the contract where the adherent had no real opportunity to know them in full when the contract was made.
Standard terms that are illegible, ambiguous, obscure or incomprehensible are not incorporated, subject to the exception in article 7(b) for terms the adherent expressly accepted in writing that conform to the transparency rules of the sector concerned. Standard terms that contradict this Act or any other mandatory or prohibitive rule to the detriment of the adherent are void.
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