Practical guide to legal guarantees in sales contracts with consumers: EU Directive 2019/771, transposition by RDL 7/2021, 3-year guarantee, 2-year presumption that the defect pre-existed, repair vs. replacement, termination.
Key changes: 3-year warranty (was 2), 2-year presumption of pre-existing defect (was 6 months), and coverage of updates in products with digital elements.
Remedy hierarchy: first, conformity remedies (repair or replacement at consumer's choice); second, price reduction or contract termination if conformity remedies fail or are disproportionate.
Limitation period for the conformity action: 3 years from consumer's knowledge of the defect. Commercially agreed shorter guarantees conflicting with these minimums are void.
Lexiel finds ECJ and Supreme Court decisions on product conformity, calculates warranty and action deadlines, and drafts extrajudicial claims and applications.
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Analysis of usurious loans in Spain: 1908 Usury Law (Azcárate), Supreme Court doctrine on APR comparison (STS 149/2020), revolving credit, unfair terms and nullity action.
Analysis of criminal fraud under art. 248 Spanish Penal Code: sufficient deception, disposition act, patrimonial damage. Aggravated forms (art. 250 CP), procedural fraud and Supreme Court case law.