Spain. Product Regulation and Liability


In the Spanish legal system, product liability regulations were to be found, until 2007, in Article 1902 of the Civil Code (CC), which used to set out the rules concerning liability in tort; in the General Law for the Protection of Consumers and Users; and in the Defective Products Liability Act, which transposed the EU Product Liability Directive.

The moment at which the product had been put into circulation determined which particular set of rules applied. For these purposes, 'putting into circulation' meant the voluntary delivery of the product by the manufacturer, which, for practical purposes, meant distributing the product or making it available to the relevant persons.

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