To contracts between companies does not apply consumer legislation

The ruling of the Civil Division of the Supreme Court n º 85/2010, of February 19, 2010, estimates that can not be declared void as being contrary to the Law on General Conditions of Contract, clauses of a contract signed by two companies that enter into a contract and give their consent without any defect, so that in applying the principles laid down in arts. CC 1091 and 1256, are compelled to fulfill them, not being a consumer business.

Therefore, there is no need to declare the nullity, abusive, within the terms agreed in the private contracting under the Act, consumers and users or the General Conditions of Contract, as not being a contracting company those consumers are not applicable, as they have been agreed within a private contracting without causing any harm to consumers. In this case, both parties agreed to some clauses and precisely under the lex contractus and necessitas are obliged to comply, as has been stated in comparable circumstances, the judgments of 24 September 2007 and November 30 of 2007del 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 some disputed clauses. Second, the issue of unfair terms that produce an imbalance in the rights and obligations of the contracting parties, which includes the current void Articles 82 and 83 of the current general law for the protection of consumers and users, revised text approved by Legislative Decree 1 / 2007 of 16 November, as the previous Law 26/1984 of July 19, in force at the time of contract work by car, only refers to both a consumer and as another such laws, the contracting parties and litigants now are consumers and are not covered by this Act

Third, and in connection therewith, Law 7 / 1998, April 13, on general conditions of the contract, if applicable to this contract without going even whether or not general, provides in Article 8 the invalidity of those that contradict the provisions of law, which does not arise and establishes the invalidity of unfair when the contract was concluded with a consumer and, as mentioned, this is not the case here. In short, two companies entered into a contract, accept, give their consent without any defect or even alleged, and are therefore obliged, precisely because of the principles that lists the articles 1091 and 1256 of the Civil Code.