La integración publicitaria del contrato como instrumento de protección de consumidores (contratos B2C) y empresarios (contratos B2B)

The Advertising Contract Integration Rule is formulated in a provision of the Consolidated Text on Consumers: Article 61. Therefore, in principle, it could be understood that it is only suitable for consumer contracts (B2C contracts). However, some arguments are in favour of applying it to contracts concluded between commercial and/or professional persons (B2B contracts). On the one hand, there are judgments of the Supreme Court recognising that business and/or professional actors in the market have the power to integrate the contract with the content of the advertisement. And, on the other hand, in the same way, we find relevant legislative texts which reflect the contract law trends of the 21st century, such as the Principles of European Contract Law, the Common Frame of Reference or certain proposals to reform our Civil Code. This work offers an analysis of these arguments, basing the extension of the examined rule to B2B contracts on the principle of good faith. In addition, it focuses on the origin, basis and extent of the principle of advertising integration, distinguishing whether the contract is concluded by means of general conditions or predefined clauses (as is usually the case), or, on the opposite, whether it is the result of individual negotiation. In conjunction with the above, it also analyses the measures to be taken by the injured party (consumer or business people) to re-establish the correspondence between the contract and the advertising.