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Spanish Consumer Law in the COVID-19 Emergency
- Edited by Ewoud Hondius, Marta Santos Silva, Andrea Nicolussi, Pablo Salvador Coderch, Christiane Wendehorst, Fryderyk Zoll
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- Book:
- Coronavirus and the Law in Europe
- Published by:
- Intersentia
- Published online:
- 10 December 2021
- Print publication:
- 01 August 2021, pp 833-848
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Summary
As a consequence of the COVID-19 emergency, Spanish consumer contract law was amended through Section 36 of Royal Decree-Law 11/2020, of 31 March. Paragraphs 1, 2 and 3 of Section 36 provide the possibility of adjusting consumer sales and services contracts, and if the parties do not reach an agreement within 60 days, the consumer can terminate the contract. We defend in this contribution that Section 36 must never be understood as an alibi for opportunistic termination and, therefore, both the adjustment and termination requests must meet standards of good faith and fair dealing.
The legal issue analysed and answered in this contribution is the scope of Section 36, paragraphs 1 – 3, of Royal Decree-Law 11/2020 in relation to the principle of conservation of contracts. This contribution analyses Section 36 in the light of the good faith principle. Renegotiation, adjustment and even termination are possible but only in good faith.
Section 36, paragraphs 1 – 3, of Royal Decree-Law 11/2020 allows for the termination of consumer sales and services agreements due to the impossibility of compliance caused by the measures adopted to deal with the COVID-19 pandemic under the state of alarm and their extension by the Spanish Government, validated by the Congress of Deputies (the Spanish lower chamber of representatives), and even later, during the de-escalation and the so called “new normal” phases, until the health crisis is over. This regulation is based on the principles of contract preservation and good faith and seeks to guide contract adaptation within the framework of reasonable negotiation between traders and consumers. In our opinion, the objective of reconciling the broad power of termination established by law with the preservation and adaptation of contracts is manifested in the explanation of this regulation discussed in this contribution.
STATE OF ALARM
On 14 March 2020, the Spanish Government declared a state of alarm to handle the health crisis caused by COVID-19 (Royal Decree 463/2020, of 14 March).
Section 116.2 of the Spanish Constitution of 1978 (SC) regulates the state of alarm, which the Government may decree for 15 days, with any extension subject to approval by the Congress of Deputies.
EPA-1366 – Gender Differences in Cocaine-dependent Patients
- C. Roncero, C. Daigre, L. Grau-López, E. Ros-Cucurrull, J. Pérez-Pazos, N. Martínez-Luna, D. Bachiller, J.M. Vazquez, E. Castrillo, E. Palma, J. Alvaros, M. Casas
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- Journal:
- European Psychiatry / Volume 29 / Issue S1 / 2014
- Published online by Cambridge University Press:
- 15 April 2020, p. 1
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Introduction
Cocaine dependence disorder has been widely described. However, differences due to gender remain unknown.
AimTo compare clinical gender differences in a large sample of cocaine-dependent patients.
MethodsWe performed a cross-sectional, observational study in 902 patients (35.47 yo, 21.3% women) with a cocaine dependence according DSM-IV criteria, seeking treatment during 2005 to 2013. Sociodemographic and clinical variables were collected The SCID-I, SCID–II, BIS and a structured interview about cocaine-induced psychosis were performed. Simple descriptive statistics were carried out for demographic and clinical data. Bivariate analysis was made to compare the main variables by sex using SPSSvs18.0.
ResultsNo differences in age of dependence onset, other clinical variables or cocaine-induced psychosis were detected. However, less cocaine used in the last month (2.12 vs 3.37g) (p < 0.009), more impulsivity (67.2 vs 63.03) (p < 0.040), and more sedative dependence (21.2% % vs 8.3%)(p< 0.00) were detected in women than in men. Affective disorders lifetime were the most prevalent (57,4%) in women. More comorbidity with anxiety disorders (p< 0.025) eating disorders (p< 0.000) and personality disorders (p< 0.039) were detected in women than in men.
ConclusionsSedative dependence and anxiety disorders should be investigated in cocaine-dependent women in order to treat these conditions. Surprisingly high impulsivity level was detected and could moderate cocaine consumption. However, no difference have been found previously in studies about gender differences in cocaine-dependent patients, so this finding should be confirm in new studies.
2346 – Cocaine-induced Psychosis And Impulsivity In Cocaine-dependent Patients
- C. Roncero, L. Grau-López, C. Daigre, L. Rodriguez-Cintas, L. Miquel, N. Martínez-Luna, C. Barral, D. Bachiller, A. Egido, J. Alvarós, C. Miguel
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- Journal:
- European Psychiatry / Volume 28 / Issue S1 / 2013
- Published online by Cambridge University Press:
- 15 April 2020, 28-E1475
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Introduction
Cocaine induced psychosis (CIP) is common but not developed in all cases. Many risk factors have been linked with CIP. A lifetime diagnosis of ADHD has been associated with the categorical presence of CIP.
ObjectivesThe objective of this study is to determinate the relationship between impulsivity and impulsivity-realetd disorders (BPD, BN and ADHD) and CIP.
AimsWe study the presence of psychotic symptoms using a clinical interview for psychotic symptoms in a large sample of cocaine-dependent patients. Patients suffering from schizophrenia or bipolar disorders were excluded. Finally we included 287 patients in the study.
MethodsA structured interview about psychotic symptoms were systematically conducted. The Structured Clinical Interview for DSM IV Axis I and Axis II disorders were used in order to identify the comorbidity. CAADID-II (Conners’ Adult ADHD Diagnostic Interview for DSM-IV) were used in order to identify ADHD comorbidity. Barrat impulsivity scale were used for evaluate impulsivity.
ResultsBIS total were 63.78. We identify a significant association between CIP and BIS cognitive subscale p < 0.003 and BIS total p < 0.021. We also identify a significant association between CIP and adult ADHD in cocaine-dependent patients p < .0.002. We fail to identify association between CIP and BPD and BN.
ConclusionsCIP is related with BIS cognitive subscale and BIS total scores, and with ADHD comorbidity in cocaine-dependent patients. As well these findings could be useful for a clinical approach to the risks of psychotic states in cocaine-dependent patients.
Contributors
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- By Linda S. Aglio, Cyrus Ahmadi Yazdi, Syed Irfan Qasim Ali, Caryn Barnet, Jessica Bauerle, Felicity Billings, Evan Blaney, Beverly Chang, Christopher Chen, Zinaida Chepurny, Hyung Sun Choi, Allison Clark, Lauren J. Cornella, Lisa Crossley, Michael D’Ambra, Galina Davidyuk, Whitney de Luna, Manisha S. Desai, Sukumar P. Desai, Kelly G. Elterman, Michaela K. Farber, Iuliu Fat, Jaida Fitzgerald, Devon Flaherty, John A. Fox, Gyorgy Frendl, Rejean Gareau, Joseph M. Garfield, Andrea Girnius, Laverne D. Gugino, J. Tasker Gundy, Carly C. Guthrie, Lisa M. Hammond, M. Tariq Hanifi, James Hardy, Philip M. Hartigan, Thomas Hickey, Richard Hsu, Mohab Ibrahim, David Janfaza, Yuka Kiyota, Suzanne Klainer, Benjamin Kloesel, Hanjo Ko, Bhavani Kodali, Vesela Kovacheva, J. Matthew Kynes, Robert W. Lekowski, Joyce Lo, Jeffrey Lu, Alvaro A. Macias, Zahra M. Malik, Erich N. Marks, Brendan McGinn, Jonathan R. Meserve, Annette Mizuguchi, Srdjan S. Nedeljkovic, Ju-Mei Ng, Michael Nguyen, Olutoyin Okanlawon, Jennifer Oliver, Krishna Parekh, Jessica Patterson, Christian Peccora, Pete Pelletier, Sujatha Pentakota, James H. Philip, Marc Philip T. Pimentel, Timothy D. Quinn, Elizabeth M. Rickerson, Susan L. Sager, Julia Serber, Shaheen Shaikh, Stanton Shernan, David Silver, Alissa Sodickson, Pingping Song, George P. Topulos, Agnieszka Trzcinka, Richard D. Urman, Rosemary Uzomba, Joshua Vacanti, Assia Valovska, Michael Vaninetti, Scott W. Vaughan, Kamen Vlassakov, Christopher Voscopoulos, Emily L. Wang, Laura Westfall, Zhiling Xiong, Stephanie Yacoubian, Dongdong Yao, Martin Zammert, Maksim Zayaruzny, Jose Luis Zeballos, Natthasorn Zinboonyahgoon, Jie Zhou
- Edited by Linda S. Aglio, Robert W. Lekowski, Richard D. Urman
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- Book:
- Essential Clinical Anesthesia Review
- Published online:
- 05 February 2015
- Print publication:
- 08 January 2015, pp xi-xvi
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