20/08/2025
Would you sign an employment contract without understanding it? Of course not, right?
So, why sign a rental agreement without understanding the language it’s written in?
Consent, as an expression of will, is one of the essential elements of any contractual relationship. If such consent is given under mistake, coercion, intimidation or fraud, the contract is considered null and void.
In order to invalidate the contract, the mistake must relate to the substance of the object of the contract.
For a contract to be valid, both parties must give their consent freely, knowingly, and consciously.
If one of the parties does not understand the language of the contract, their consent may be considered defective, as they did not fully comprehend the terms and conditions at the time of signing.
This is considered a defect of consent and could invalidate the contract.
The lack of language comprehension directly affects the parties’ ability to give valid and informed consent, which is a fundamental requirement for the enforceability of any agreement.
Article 1261 of the Spanish Civil Code establishes that consent is an essential element of a contract—a contract cannot exist without it.
Article 1266 further states that, in order for an error to invalidate consent, it must affect the substance of the object of the contract.
Is this your situation? Are you having problems with a rental contract?
Don’t hesitate to contact us, we’re here to help:
https://sycinternationallawyers.com
