The spanish law should regulate the contract of accommodation?

Paula Castaños Castro, M. Luisa Moreno-Torres Herrera

Abstract


The authors reflect on the desirability and possibility to adjust the accommodation
contract in Spanish law, and take position on the issue. This consideration is quite necessary due to the importance of the tourism sector in the economy, and it is especially timely today, in view of the recent position change with regards to
its inclusion in the future Commerce Code.While the proposed Commerce Code
prepared by the Law Commission of the Spanish Ministry of Justice, published in
2013, outlined the different standards and practices for tourist service contacts, and, within them, the accommodation contract, the Project Law of the Commerce Code approved by the Cabinet on May 30, 2014, has decided to completely dispense with all the precepts that engaged specifically in tourist contracts. The objective of this work is to promote scientific discussion and contribute ideas to the necessary discussion on what the position of the state legislature should be regarding the accommodation contract. Although the analysis is strictly based on the aforementioned accommodation contract, some of the ideas exposed and some of the conclusions that are reached, are also applicable to other tourist contracts.


Keywords


Accommodati on. Agreement. Custody. Liability. Host. Tourist.



DOI: https://doi.org/10.26668/IndexLawJournals/2358-1352/2014.v9i4.2924

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