Presented by the General Commission for Codification to the Ministry of Justice, more shadows than you are at the moment!
Antonio Tejeda Encinas. past General Secretary Inter-American Academy of International and Comparative Law (Havana 1941)
We are facing a proposal to update, rather than modernise, the Spanish Civil Code in terms of obligations and contracts. Obviously, the CGC has responded to the mandate given to it by the Ministry of Justice: Common Framework of Reference, Proposal for a Regulation on European Sales and some Directives to be transposed.
Not expected:
There is no consumer regulation.
There is no norna, about smart contracts, distributed records or digital assets. Why not take advantage of the reform?.
If we want to implement a truly modernizing reform,
Should we not give special treatment to smart contracts;
recruitment;
and the use of electronic ledgers;
Or the duties and responsibilities of the oracles?
Should we not give recognition to electronic ledgers or determine the effects of tokenization, even if it were only legally binding?, This is already in the Swiss Civil Code or projects are being processed in other states around us like UK. Why not really modernise the right to obligations and contracts?
In 2009, the General Codification Commission submitted a proposal for the modernization of Titles I and II of Book IV of the Civil Code, which have remained virtually unchanged since its original wording in 1889.During this process, various international texts, such as the Vienna Convention on Contracts for the International Sale of Goods, as well as European principles of contract law and Unidroit principles on international commercial contracts, developed by different supranational bodies, were taken into consideration.
