Spanish Consumer Law in the Covid-19 Emergency

As a consequence of the Covid-19 emergency, Spanish consumer contract was amended through Section 36 of Royal Decree-Law 11/2020, of 31 March, Paragraphs 1, 2 ana 3 of Section 36 provide the possibility of adjusting consumer sales and services contracts, and if the parties do not reach an agreement within 60 days, the consumer can terminate the contract. We defend in this contribution that Section 36 must never be understood as an alibi for opportunistic termination and, therefore, both the adjustment and termination requests must meet standards of good faith and fair dealing.

The legal issue analysed and answered in this contribution is the scope of Section 36, paragraphs 1-3, of Royal Decree-Law 11/2020 in relation to the principle of conservation of contracts. This contribution analyses Section 36 in the light of the good faith principle. Renegotiation, adjustment and even termination are possible but only in good faith.