Seminar-Workshop
on the Modernization of Private Law

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In the last forty years there has been an evolution in family law in Spain that has transformed it by replacing the basic principles on which it was based, this evolution has occurred in three stages. A first pre-constitutional stage in which little by little an attempt was made to improve the legal situation of women in the family sphere and which culminated with the suppression of marital leave, a second stage which corresponds to the reforms initiated in 1981 which involved a first reception of the constitutional principles to adapt the legislation of the Civil Code (Cc) to the Spanish Constitution (CE), and a third stage in which a second reception of the constitutional principles is taking place, this third stage would begin with the approval of the LO 1/1996 of Legal Protection of Minors (LOPJM), which introduced in our legal system the principle of the best interest of the minor, highlighting the reforms of 2005 regarding marriage and divorce (which include the principles of free development of the personality and non-discrimination). This process is completed with the reforms of 2015, mainly the Organic Law of Modification of the Child and Adolescent Protection System of July 8, 2015 and the Law of Modification of the Child and Adolescent Protection System of July 28, 2015, although Law 15/2015, of July 2, 2015, on Voluntary Jurisdiction and LO 1/2015, of March 30, 2015, amending Organic Law 10/1995, of November 23, 1995, of the Criminal Code, must also be taken into account.

Spain and the Philippines share the Civil Code of 1889, which was replaced by the current Civil Code of the Philippines in 1950, but which is still in force in Spain. During the first fifty years of its validity, the Code was only modified on three occasions. The first important modification was made in the fifties of the last century and was dedicated to the improvement of the situation of the married woman who reached a certain degree of emancipation with respect to her husband. The second major reform took place in 1974, it was the reform of the Preliminary Title, and through it important general clauses were included such as good faith or social reality. After the 1978 Constitution, the Code underwent important reforms in 1981 in the areas of divorce and equality between children, whether marital or not. Subsequently, the actions of filiation and the law of leases were reformed, and from the nineties onwards there was an important reform in the area of consumer protection. In 2005, divorce was reformed again and marriage between persons of the same gender was regulated. The reform of the Civil Registry and the regulation of childhood, although outside the Code, are also important. In recent years, two laws have been passed that have been important challenges, on the one hand, the law on people with disabilities and, on the other, the law regulating the new status of animals as sentient beings in the Code. However, it can be affirmed that the civil codes of the Philippines and Spain continue to be parallel in substance and in 80% of their articles. Precisely this twinning allows us to bring to this Convention the Project for the modernization of Titles One and Two of Book Four of the Code on Contracts and Obligations, which has been prepared by the General Codification Commission as a model that may contribute to the future reform of the Philippine Civil Code itself.

The Romans gave the world their legal genius, their way of thinking, of anticipating and solving problems. This lecture will explore the historical context in which Roman jurisprudence was born and brought fame to ancient jurists, whose works are studied in universities all over the world. To do so, legal and literary sources from different periods will be analyzed, touching on subjects as diverse as the family, inheritance law, administrative law and tax law, among others.

In this session, the origin and evolution of legal institutions and concepts, fundamentally of private law, throughout fourteen centuries of history, such as modes of acquiring property, rights in rem, liability, modes of extinction of obligations, contracts, etc. will be studied. This session will also examine how different legal instruments from medieval, modern and contemporary times allowed the reception of these figures until they reached their current regulation in modern legal systems, as in the case of the Philippines.

Shareting is the practice of sharing images of minors by parents and other family members (sharing and parenting) on social networks. This generates a digital footprint of the child that will accompany him/her throughout his/her life, with risks such as the following: violation of his/her rights to honor, privacy, self-image and data protection (art. 18 Spanish Constitution), security risks for the child, and violation of his/her free right to the development of his/her personality (art. 10 Spanish Constitution).

The cases that have reached the jurisprudence so far are of three types: (1) separated parents, in which one sues the other for uploading photos to social networks; (2) separated parents in which a relative (grandparents) is sued for uploading photos to social networks; and (3) children who, upon reaching the age of majority, sue their parents for digital overexposure. Finally, it should not be forgotten that many fathers and mothers (instamummies; instadaddies) carry out this practice to obtain significant economic income, which could be labor exploitation of minors.

In the platform economy it is common, and sometimes even technically necessary, for both platforms and the platforms' professional users and end users to exchange personal data in a flow that responds to the triangular scheme of contracts concluded through platforms: (1) data flow where the receiving site is the platform; (2) data flow where the receiving site is the hosting company (which will depend on the platform's contractual guidelines); and (3) data flow where the sending site is the end user or customer. In the European Union, regulations have been developed that affect this data traffic, such as the European Regulation 1150/2019 (P2BR), or the recently approved Digital Services Act or Digital Markets Act. All this, in addition to the General Regulation on Personal Data Protection.

In the technologically-driven 21st century, the youth is gaining ground as main user of social networks from a very early age. In addressing their new online habits, it has become increasingly apparent that access to the internet comes at the expense of their rights to privacy. The erosion of this fundamental guarantee has reached unprecedented levels with the emergence of processing techniques that employ big data and artificial intelligence. Acknowledging the risks of these new techniques, this study aims to analyse whether existing regulations grant special protection to minors and their personal information when using these platforms. Upon findings, this research suggests new regulatory guarantees in order to provide reinforced protection for the personal data of minors as particularly vulnerable users of these services.

This research is aimed at examining whether it is feasible to build a pre-contractual liability system at EU level considering the many discrepancies within the Union. Despite attempts to establish harmonised grounds from the Common European Framework of Reference (CEFR) or the Principles of European Contract Law (PECL), the regulation of pre-contractual liability by the EU Member States remains disputed. Divergences among different legal frameworks range from the very consideration of the nature of pre-contractual liability to the consequences arising from it. In light of the approval of a new Proposal for the Modernisation of the Spanish Civil Code in the area of obligations and contracts in 2023, this communication seeks to assess its adequacy in consideration of European efforts in the field.

The term "family protocol", as a document assimilated to a shareholders' agreement, refers to contracts entered into by shareholders but not included in the articles of association. These agreements are designed to regulate various aspects related to the operation of a company, including voting syndication agreements, share repurchase agreements, criteria for the appointment of directors and others. They usually include indemnity clauses in case of non-compliance and are often associated with what is known as a "family protocol".

In the field of family businesses, these shareholder agreements are called family protocols, and serve as legal instruments with the main purpose of establishing guidelines and rules for the interaction between the family and the company. Their main objective is to guarantee a clear and harmonious management of the family business, thus ensuring its continuity and unity through the inevitable generational changes.

In this lecture, our aim is to provide an overview of various issues relevant to the field of civil and commercial law when drafting these parasocial or extra-statutory agreements. This lecture will delve into the origins of this contractual instrument, its normative and regulatory scope, the different types of family protocols depending on their effectiveness and enforceability, an overview of the content of these documents and the different types of shareholders' agreements in terms of their effectiveness and enforceability.

The term "parasocial or extra-statutory Agreement" tends to group together various business operations whose common purpose is to facilitate the conclusion of agreements or arrangements between shareholders outside the founding contract of the company. These agreements are established using external and independent technical instruments, primarily aimed at complementing or modifying the legal or statutory framework in aspects of the legal-corporate relationship directly affecting the signatories of the pact.

Through these parasocial agreements, the partners or signatories seek to regulate aspects of the corporate legal relationship by invoking the principle of the autonomy of will as outlined in Article 1255 of the Civil Code. They do so without utilizing the channels specifically provided for this purpose in the corporate law and the articles of association.

Therefore, considering that this type of contract covers a multitude of business areas (corporate, financial, labor, inheritance, etc.) extending beyond what is legally contemplated in our company law, the agreements encompassed within this instrument may potentially conflict with the provisions of the company's articles of association or even the applicable legislation itself.

Through this lecture, the following will be analyzed: the position currently upheld by the Supreme Court of Spain regarding the validity and effectiveness of extra-statutory covenants, their enforceability in case of a breach of the company's bylaws, and their application in such instances, putting also the focus in called omnilateral parasocial agreements, being those which are unanimously undersigned by all the shareholders of the ruled Company.

Does the European Union need a civil code? In that case, how will the Spanish civil Law, particularly when it comes to contracts and obligations, be affected? In this presentation, we will try to answer these questions by highlighting the existing drawbacks and advantages of such a scenario.

Long-standing legal traditions in each Member State are considered to be a deterrent from moving forward in the direction of the harmonisation within the European Union (EU). The diversity, however, is deemed as an obstacle for the proper functioning of the single EU market, a key element for the European integration project, involving free movement of goods, services, capital and persons. Taking into account this, some initiatives have been put forward in order to take some steps towards a common legal framework. These have not been based so far in what we call the ‘’hard law’’, that is, binding rules, but in the ‘’soft law’’, non-binding instruments, such as the Principles of European Contract Law and the Draft Common Frame of Reference.

This presentation will analyse how these soft-law-nature documents deal with the regulation of the contracts and obligations, and compare it with the current Spanish and Philippine laws on this matter.

This presentation will discuss laws applicable to different civil-nature contracts in Spain. Firstly, it will show how many of these questions have been completely or partially harmonised at a European level, which has contributed to clarify and boost cross-border legal transactions within the single EU market. This presentation will also address how the Spanish legal frameworks deal with international cases outside the EU concerning contracts and obligations. All these questions will be explained using some real cases from the Spanish and European case law.

This session deals with the existing regulation of general contracting conditions, examining both European and Spanish regulations. The main requirements of the Spanish legal system for the validity of general contracting conditions will be analyzed, thus knowing the different controls that can be carried out to consider valid the incorporation of general conditions to a contract, as well as the treatment made by the case law of the Supreme Court.

The possible incorporation of the regulation of General Conditions in the Civil Code will also be studied, through the examination of the Proposal for the Modernization of the Law of Obligations and Contracts, which was presented in Spain in 2009, commenting on the particularities as well as the possible advantages or disadvantages that this regulation may present once it is incorporated into the Civil Code.

The protection of the environment, and of the damages caused by it, is a subject that is of increasing importance, and it is interesting to know how this matter is regulated from a civil perspective. This presentation will focus on exposing the environmental civil liability that can be requested by the affected individuals, being of interest to analyze the existing regulation in Spain, as well as the influence of the European system through its regulations and some decisions of the European Court of Human Rights in this matter.

The different criteria required by the regulations to proceed to the compensation of damages will be examined, commenting on the difficulties that may arise when proving these requirements. To this end, the treatment given by case law, making the proof in this matter more flexible in order to favor the compensation of the injured parties will be analyzed.

The purpose of this study is to carry out an analysis on the termination of the contract as a remedy, or protection, in the event of a possible breach by any of the parties, of their obligations arising from the contract. Based on the assumption of the previous fact, that is, the breach of contract, the requirements of imputability will be assessed, as well as its severity, which must be taken into account so that the creditor can claim, the termination of the contract. All of the above will be studied from the point of view of European Private Law, starting with the regulation contained in the Spanish Civil Code, specifically in its article 1.124.

The content of this work deals with the power of one of the parties to terminate a contract unilaterally, by exercising the right of withdrawal. In this regard, it is particularly relevant, among other aspects, how to exercise that right of withdrawal, as well as the time to exercise it. The exercise of the right of withdrawal becomes important in those contracts in which one of the parties has the status of consumer, and this is because the General Law for the Defense of Consumers and Users (Directive 98/27 / EC of the European Parliament and of the Council of May 19, 1998), which will be analyzed in this study.

The evolution of the Spanish commercial Law has been marked by significant changes that have reflected the country's economic, social, and technological transformation over the years.

Following the Commercial Code of 1829, the Commercial Code of 1885 was a major milestone in Spanish legal history. This code established the fundamental rules for commercial transactions and the organization of businesses in Spain, including overseas territories such as the Philippines. However, over time and with the advancement of the economy, it became evident that there was a need to update and modernize commercial legislation to adapt to new realities.

Throughout the 20th century, Spain underwent significant political and economic changes, including the Spanish Civil War and the Francoist dictatorship. In 1951, a new Law on Joint Stock Companies was enacted, establishing the rules for publicly traded companies. As Spain transformed into a more open, market-oriented economy, additional reforms were made to encourage foreign investment and improve the business environment.

With the advent of democracy in 1978, Spain underwent a series of legal reforms to modernize its legal and economic system. However, perhaps the most significant change occurred in 1986 with Spain's accession to the European Union, necessitating the modification of all national commercial legislation to align it with the requirements of the single market.

In the 21st century, commercial legislation in Spain has continued to evolve to adapt to new economic and technological trends. Reforms have been introduced to simplify business creation, promote innovation, and protect the rights of shareholders and consumers. At the beginning of the century, there was a proposal to draft a new Commercial Code to update the regulation of most commercial matters. However, this proposal was not approved.

Additionally, Spain has harmonized its legislation with European regulations in areas such as e-commerce and competition, aiming to foster economic integration with other European countries.

The private enforcement of competition law in Europe has become a pivotal aspect of the legal landscape, profoundly impacting how businesses operate and ensuring a fair marketplace for consumers. Competition law, or antitrust law, is designed to foster fair competition and prevent anti-competitive practices, such as cartels, abuse of dominant positions, and mergers that may substantially lessen competition.

Private enforcement, in this context, refers to the ability of companies and individuals to bring civil claims for damages resulting from breaches of competition law before national courts. The European Union has been striving to harmonize these rules, leading to the adoption of the Directive on Antitrust Damages Actions in 2014. This directive aimed to facilitate private enforcement across the EU member states by standardizing the legal framework for victims of antitrust violations seeking damages.

One of the significant impacts of private enforcement is its role in enhancing deterrence. By enabling affected parties to seek compensation for damages incurred due to anti-competitive behavior, it creates a powerful incentive for companies to comply with competition laws. This not only ensures that businesses operate within the boundaries of fair competition but also acts as a deterrent against potential violations.

Moreover, private enforcement plays a vital role in complementing public enforcement efforts. While public enforcement, carried out by competition authorities, focuses on penalizing wrongdoers and imposing fines, private enforcement empowers victims to seek individual or collective redress. This dual approach strengthens the overall enforcement mechanism, providing a comprehensive deterrent against anti-competitive activities.

Furthermore, private enforcement has contributed significantly to raising awareness about competition law among businesses and the public. Companies are now more vigilant about their business practices, ensuring compliance with competition regulations to avoid legal consequences. Additionally, consumers are increasingly aware of their rights, fostering a competitive environment where businesses strive to offer better products and services.

However, challenges persist, including complexities in quantifying damages, the cost of litigation, and the need for efficient dispute resolution mechanisms. Despite these challenges, the private enforcement of competition law in Europe stands as a cornerstone of fair competition, fostering innovation, protecting consumers, and maintaining a level playing field for businesses across the European Union.

In the digital environment, unfair competition in digital platforms is in the spotlight. Over the past few years, there has been a significant rise in the number of platforms that make it easier to search for and compare products and prices. The passenger air travel industry has also followed this trend. Flight comparison websites and apps offer many benefits, but they also come with notable risks concerning user privacy, data protection, and exposure to aggressive or misleading practices by these platforms and airlines. Frequently, potential passengers hold misconceptions about the neutrality of these tools. This misconception, combined with the prevailing preference for booking low-cost flights, heightens the risk of encountering unfair commercial practices on these platforms, whether they affect user relationships or target professionals offering their services through these platforms. In an industry where pricing is crucial, there has been a worrying proliferation of unfair practices related to flight offers. Many of these practices prominently involve artificial intelligence and the utilization (or abuse) of personal data, forming the foundation for strategies like personalized advertising and pricing or prioritizing certain search results.

Data protection is one of the current main concerns in the European Union. One of the commercial practices that raises more challenges in this field is online targeted advertising. Advertising-algorithms need to be fed massive amounts of personal data to target and profile users. The processing of personal data, particularly sensitive data, for targeted advertising raises many concerns from a privacy and data protection perspective. The EU has addressed such concerns in the recent Digital Services Act and Digital Markets Act. The new measures introduced by these regulations intend to provide a higher level of protection to online users and palliate the abuses of personal data. In order to ensure legal certainty, it is imperative to analyse how the new provisions of the Digital Services Package affect the GDPR and the gaps and challenges that remain to be solved.

Is there such a thing as European private law, a set of rules of EU law distinguished by the binary opposition public and private law? This article aims to shed light on the debate over the rise and the fall of the classic concept of private law and how the legal consciousness of the latter enhanced the legal awareness of European private law. Philosophy and sociology of law claim reasons in the search for answers, from a metaphysical and epistemological points of view. Furthermore, the reality of private law in practice put the ancient concepts in challenge by the phenomena of transnationalization of Law. Globalization, Europeanization, and the privatization of Private Law are factual claims against the persistence of the classic concept of private law. These categories reveal the inconsistencies between the theory of will in books and law in practice, suggesting that pluralism can faze the lack of sense of a universal model of private law to all the realities involved in the European Union. The belief that the harmonization (or systematization) of national Civil Codes at the European level would lead to the coherence of private law is one of the bases to a final question about the extent to which the persistence of the classic concept of private law among legal scholarship is still an obstacle to the effectiveness of EU integration through the combination of public and private enforcement.

This lecture will review the following subjects: medical malpractice guidelines, monitoring different medical procedures, and physicians & fiduciary duty. It will discuss the impact of the economy on direct medical interventions, and even surgical operations such as deep pocket theory, lex artis ad hoc, and development risks.

This will also cover doctrines to be enforceable such as Negligence, Rea ipsa loquitur, Joint and several liability, Strict liability, Prima facie, and Unconscionability and discuss applicable legislation and legal criteria such as Burden of proof, Proximate cause, Foreseeability, and Presumptions iure et de iure.

Related interventions such as Informed consent law, Adequate disclosure of risks and Standards of liability will also be tacked. This lecture will quote the speaker’s 3 books published on this subject as follows: a) “Informed consent. Comparative law. Civil Law (Spanish and European law). Common law (British and USA law). Japanese law”. Library of Congress (USA). ISBN Log Book 0-9748421-0-9; b) “A comparative perspective on civil sanitary responsibility. Spanish, European and the United States law”, a publication financed by the Spanish Ministry of Economy and Competitiveness; and, c) “Civil liability in the context of consumer law. Class actions lawsuits. The case of Lindsey v. Dow Corning Corp.,”, a work provided by the Institut Catala del Consum. Generalitat de Catalunya. Spain.

This lecture is based on three basic points of view: 1) Socratic method: Following the program (reaction & open forum/panel discussion), and also complying with the time allocation established; 2) Comparative approach: From the perspectives of European Law, USA, and other legal systems too, with some references concerning the Philippines as well; and, 3) Case Law, following judicial decisions, with the most outstanding and recent jurisprudence involving the subjects.

Globalization will play a definite role with the potential effects derived of global climate change. Class actions will be one of the main arguments, and courses of legal actions to help alleviate this question, a real quiz to test our knowledge on the matter, in which all are immersed.

This lecture will encompass the summary of speaker’s 3 books written about this relevant concern: a) “In search of a definite key to arrange a worldwide civil labyrinth. The case of Dieselgate; b) “A comparative insight of the environmental law applicable within the framework of human rights and multinational corporations”; and, c) “Legal protection of the environment. The principle of “polluter pays”. Strict liability. Spanish law, European law, USA law, and Japanese law”.

The presentation is based on the main findings of the project leading to the publication (soon) of the Cambridge Handbook on Algorithmic Price Personalization and the Law. The book relies on an analytical framework previously built by Fabrizio Esposito ( https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3777595 : https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3777595 and https://www.sciencedirect.com/science/article/pii/S0267364922000085 ) and offers multidisciplinary (economics, business history, moral theory, data science) and comparative perspective. In particular, an extenstive investigation of the EU law impact on this practice is complemented by an illuminative overview of how the Brazil, Canada, China, India and the US legal systems are addressing the same issue.

The first claim is that EU internal market law is best understood in economic terms according to the long-forgotten view that allocative efficiency is defined in terms of consumer welfare maximization. This is the 'consumer welfare hypothesis'. The second claim is that contracts can be meaningfully classified as having two modalities (exchange and organization) and two main values people contract for (material and community). Ultimately, this is a theory of the characteristic performance and its socio-economic function.

The second claim leads to the view that the causa of all material exchanges is maximizing the benefits of the creditor of the characteristic performance – this extends the consumer welfare hypothesis. In these markets, the law is more or less interventionist and granular depending on the degree of confidence in the contingent market structure one is dealing with to effectively support this causa. The horizontal legal infrastructure is offered by general contract law and general competition law (Art 101 and 102 TFEU).

This article adds a novel, Conceptual Challenge, grounded in both legal doctrine and economic analysis to the idea of an efficient breach. According to the Conceptual Challenge, even assuming the Practical Challenge away, it is impossible for the conditions for an efficient breach to hold in the Overbid Scenario. The structure is as follows. Section 2 introduces the concept of efficient breach, justifying the choice to focus on the Overbid Scenario and discussing some anomalies of the concept within the economic approach to law. Section 3 develops the doctrinal foundations of the Conceptual Challenge. Section 4 formulates the Conceptual Challenge in economic terms. Section 4.1 connects the Conceptual Challenge to the distinction between use and exchange value and related economic concepts. Section 4.2 demonstrates that the Conceptual Challenge implies the impossibility of an efficient breach in the Overbid Scenario.

The analysis also allows to show that, to a large extent, the Conceptual Challenge remained hidden between the reduction of the expectation interest to the interest in the profit expected at the time the contract was concluded. Section 5 shows that thanks to the Conceptual Challenge, dual-performance theory is perfectly integrated with the Indifference Principle and the broader remedial structure Promisee can rely upon: damages, but also specific performance and disgorgement. Section 6 relates the Conceptual Challenge to the Practical and Moral Challenges scholars have worked on for over forty years. Section 6.1 shows that the Practical Challenge contributes explaining the broader remedial structure Promisee relies upon but it assumes that Promisee has to sue in order to get relief, which is normatively undefensible. Section 6.2 shows that the Moral Challenge is convincing, but it essentially dissolves once the Conceptual Challenge enter the picture. Section 7 concludes

The retention of title agreement has become one of the most controversial institutions in our contract law. Among the various constructions that attempt to explain the figure, that of the condition precedent of the transfer is the one that best responds, not only to the will of the parties and their declaration, but also to the defense of their interests. The possible weakness that this explanation may produce in the position of the buyer should be corrected by strengthening his ownership through the protection of the rights in expectation. This ensures that both the seller and the buyer enjoy adequate protection in the event of seizure or insolvency of the other party or transfer of the property to a third party.

The 2019 European Green Deal marked a defining point in the EU’s approach to the climate emergency by setting the ambitious goal of achieving climate neutrality by 2050 and recognising the need to rethink and transform the economy to that end. Later, Regulation (EU) 2021/1119, the ‘European Climate Law’, laid down the framework for future reforms concerning most of the sectors on which the EU has the power to legislate. The EU describes itself as a leader and a model to follow in this transition, which needs to be just and socially fair or ‘just and inclusive, leaving no one behind’.

A key factor in this transition is the energy-efficiency of the building stock. The majority of buildings in European cities do not meet current energy-efficiency standards, mainly because they were erected before such standards were introduced. Studies show that in most European countries half of the residential stock was built before 1970, i.e. prior to the first thermal regulations. According to the latest Spanish census on population and housing, only 15% of primary homes were built between 2001 and 2011, and almost 66% were built before 1980. Moreover, around 20% were more than half a century old. A report published by the European Commission in 2020 revealed that 75% of the EU building stock is considered to be energy inefficient. In Spain, 81% of existing buildings have the lowest energy-efficiency certificates, whilst the percentage of those boasting the most efficient labels is merely 0.3%. The cost of bringing old buildings up to current standards is often extraordinarily high, and in some instances, it may not even be possible, due to construction issues. On the other hand, strict requirements for new and existing buildings may raise the cost and thus exclude sectors of the population from access to adequate housing, a matter of concern in many EU jurisdictions.

The EU Renovation Wave of buildings (2019) may rely, to an extent, on various private law institutions. Their adaptability renders them adequate instruments toward the decarbonisation of buildings. This is particularly the case of the right of property. However, private law by itself will not be capable of preventing increased social and residential exclusion as a result of renovation policies.

The presentation will explore the new boundaries of private property in light of the establishment of mandatory energy performance standards, in the form of positive obligations to upgrade, that the EU is currently discussing and that some jurisdictions have already implemented to a certain degree. Whether energy renovation is imposed or merely promoted, split-incentive issues arise between landlords and tenants and also between owners and occupants of multi-unit buildings. With regard to these, the legal framework of condominiums may require adjustments in order to facilitate decision making when it comes to energy renovation – and therefore the ghost of inter partes takings looms. Still in the area of property rights, it is clear that retrofits are expensive. Therefore, financing will most likely be required. There is an ongoing debate at the EU level as to whether the energy efficiency of the building should be considered when carrying out the creditworthiness assessment in the process of underwriting mortgage credits. Finally, the presentation will highlight some of the instruments used by the public administration in order to recover subsidies granted to vulnerable sectors of the population or to participate in the increase in value of the property if it is transferred in a relatively short span of time. These often rely on medieval charges, the renaissance of which is difficult to justify.

Although private law can and must contribute to combat climate change, the conclusion is that its institutions are adaptable to a certain degree only, and that an open dialogue between private and public law is paramount in order to accomplish the 2050 goals whilst leaving no one behind.

Regarding civil liability, one of the most conflicting areas is that of civil liability arising from the provision of medical services. In this sense, the first thing to emphasize is that in this matter we must distinguish between the provision of health care in the private sector and in the public sector, since the regulations that govern both areas are different, as well as the jurisdictional bodies that must hear the cases of civil liability derived from the provision of health services, which are different.

In this area, one of the key issues is the type of liability applicable to the case, distinguishing between objective and subjective liability. If the obligation of the healthcare professional is configured as an obligation of means, it will be important to verify in the professional performance the standards of professional diligence or 'lex artis' required in the exercise of their activity. And this is not compatible with the establishment of a system of objective liability, in which any assessment of the diligence of the conduct is suppressed. Moreover, the development of technical and scientific progress in medicine must be considered, as well as the personal peculiarities of each patient and the characteristics of the professional.

This presentation will analyze this issue in depth, addressing both theoretical and practical issues that have been addressed by the Spanish jurisprudence.