Conexión y bases de las obligaciones contractuales: a propósito de la STC 132/2019

Abstract

The Spanish Constitutional Tribunal, in its judgement No. 132/2019, has found that nearly the whole content of Book Six of Catalonia’s Civil Code regarding
obligations and contracts, is in line with the Spanish Constitution. The Court is of the view that there is a sufficient link between the Catalan regulations and existing legislation and it has held that the former does not encroach upon the State’s exclusive competence over the bases of the contractual obligations. In addition to the being the first time the Constitutional Court has dealt with the issue of the bases of contractual obligations in such a direct manner, the ruling is also of interest because of the assessment and views expressed around the link. This article carries out an analysis of the judgement, as well as providing an overview of previous decisions of the Constitutional Court.