The Legal Profession demands that the Rebus clause be legislated so that its application does not depend on court rulings. This clause, which comes from Latin rebus sic stantibusmeans “as long as things continue,” so it allows for a contract to be reviewed if circumstances change unexpectedly.
The president of the General Council of Spanish Lawyers, Salvador González, claimed this Monday to the legislator that establish normatively how the Rebus clause should be applied in cases such as the consequences of the DANA which devastated large areas of the province of Valencia and also affected more limited areas of Albacete and Andalusia.
González, in a conference focused on the applicability of the Rebus clause organized in Valencia by the General Council together with the Colleges of Valencia, Barcelona and Sueca, explained that, on the occasion of the pandemic, the Council already expressed itself “in the sense of consider the regulation of this figure as absolutely necessary as a consequence of the health, social and economic crisis derived from the spread of Covid. “And if this regulation was already necessary then, let alone now, when societies continue to be punished by all types of contingencies“, he explained.
For González, the desirable thing would be “that […] our Civil Code is, as it should be, the inspiration for its standardized and safe application in the field of contract renegotiation rightsin such a way that said regulation allows their economic adaptation to realities that cannot be foreseen.”
The dean of the College of Barcelona, Jesús Sánchez, also participated in the opening of the congress, who described the clause as “the vital respirator for companies and jobs in periods of crisis.”
For his part, the dean of the College of Valencia, José Soriano, has considered that “the Rebus clause is important at all times, but after a catastrophe it is essential.”
#Legal #Profession #demands #legislate #Rebus #clause #review #contracts #event #episodes #DANA
