El «Soft Law» europeo en la jurisprudencia española: doce casos

Abstract

Spanish courts often quote European Soft Law as a means for modernizing Spanish private law, in particular the law of obligations as enshrined in the ancient Spanish Civil Code. Even if the Soft Law is not the ratio decidendi of the decisions, courts find there some inspiration to adequate the old rules to the new economic and legal necessities. This essay lists a series of decisions that have resorted to European Soft Law in order to update the Spanish contract law.