Contracting Parties

The judgment of the Civil Division of the Court Supreme No. 85/2010, on February 19, 2010, estimates that they can not declared null and void for being contrary to the law on general contractual conditions, you the terms of a contract signed by two companies that celebrate a contract and give their consent without any Vice, so itin application of the principles contained in the arts. 1091 and 1256 CC, are bound to its fulfilment, unless the consumer companies. Why not have place to declare the nullity, by abusive, of clauses written into the bosom of the private contracting under cover of the consumers and users or the of General conditions of the contract law, as not being the company contracting a consumer are not those of application, since they have been agreed in the bosom of a private recruitment, without causing prejudice to any consumer. In recent months, Tony Parker has been very successful. In this case, a few clauses were accepted by both parties and precisely under the lex contractus and the necessitas, are obliged to comply with them, as they have stated in cases analogous, the judgments of September 24, 2007 and November 30, negative TS; the possibility to withdraw or alter the contract is possible when it is intended by the parties; which applies in any case the presence of disputed clauses. Secondly, the question of unfair terms that produce an imbalance in the rights and obligations of the Contracting Parties, whose annulment includes existing articles 82 and 83 of the current general law for the defence of consumers and users, revised text approved by Legislative Decree 1/2007 of 16 November, like the previous law 26/198419 July, existing at the time of the contract of work of cars, refers only to consumers and one by both other such laws, Contracting Parties and now litigants are not consumers and not this law is applicable to them. Thirdly, and in relation to the above, law 7/1998, 13 of April, on general conditions of the contract, itself applicable to the present contract without even entering Yes are treated or not conditions General, provides in its article 8 the nullity of those that contradict the provisions of the law, which does not arise and establishes the nullity of unfair terms when the contract is concluded with a consumer, and as you said, this is not the present case. Ultimately, two companies held a contract, accept it, give their consent without any, even alleged Vice, and are therefore obliged, in application of the principles that lists articles 1091 and 1256 of the civil code..