Title:	Admissibility and application of the merger clause under Spanish law
Authors:	Garcia Merino, Pedro
ORCID of the author:	https://orcid.org/0000-0001-8806-8840
Thesis advisor:	Prof. Dr. Fryderyk Zoll
Thesis referee:	Prof. Dr. Hans Schulte-Nölke
Abstract:	This dissertation represents the first formal analysis of the merger clause into the Spanish legal system genuinely conducted from the Spanish legal perspective. By analyzing the application of the merger clause and its legal effects in a system in which it currently lacks regulation and legal practice, a current gap in research will be closed. The analysis of current Spanish law, case law and doctrine clearly demonstrates that the “merger clause” is not only an instrument admissible within the Spanish legal system but is also proven to be an enforceable instrument of interpretation due to its indirect application enshrined in Art. 1282 CC. Accordingly, the legal certainty that the merger clause aims to provide to B2B contracts by integrating the parties’ understandings into the written version and discharging prior statements can still be achieved if Spanish law is chosen to govern the contract, despite the absence of formal regulation of merger clauses in current legislation, particularly the Civil Code.
URL:	https://doi.org/10.48693/338 https://osnadocs.ub.uni-osnabrueck.de/handle/ds-202306069135
Subject Keywords:	Merger clause
Issue Date:	6-Jun-2023
License name:	Attribution-ShareAlike 3.0 Germany
License url:	http://creativecommons.org/licenses/by-sa/3.0/de/
Type of publication:	Dissertation oder Habilitation [doctoralThesis]
Appears in Collections:	FB10 - E-Dissertationen

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