Corporate case law

Campanario S.A.C.I. c/ Plan Óvalo S.A. de Ahorro para Fines Determinados s/ ordinario (National Commercial Court of Appeals, Chamber B, 24/09/1998)

The enforceability of standard-form clauses within a dealership or commercial network relationship. The case emphasizes that the parties’ commercial sophistication does not eliminate judicial review for good faith, contractual balance, and abusive exercise of rights under standard-form provisions.

CNCom., Sala B24/09/1998

Case caption

«Campanario S.A.C.I. c/ Plan Óvalo S.A. de Ahorro para Fines Determinados s/ ordinario»

What was at issue

The enforceability of standard-form clauses within a dealership or commercial network relationship.

What was decided

The case emphasizes that the parties’ commercial sophistication does not eliminate judicial review for good faith, contractual balance, and abusive exercise of rights under standard-form provisions.

Extractable criterion

The case emphasizes that the parties’ commercial sophistication does not eliminate judicial review for good faith, contractual balance, and abusive exercise of rights under standard-form provisions.
The holding should be read in light of the legal interest protected in the area of commercial dealership agreements, not solely by reference to the documentary form of the act.
Evidence of the specific facts and of their impact on corporate or creditor rights is decisive when applying the precedent’s doctrine to another case.

Citation: CNCom., Sala B, «Campanario S.A.C.I. c/ Plan Óvalo S.A. de Ahorro para Fines Determinados s/ ordinario», 24/09/1998 — Jurisprudencia societaria y comercial

Practical application

It is useful for network agreements, dealership arrangements, and economic dependency.

Frequently asked questions

What is the main takeaway from the case?

Does the rule apply automatically today?

No. The current statutory framework and the specific facts must be verified. Historical precedents retain doctrinal value, but later reforms may alter how they apply.

What should be proven in similar litigation?

The relevant corporate or commercial documentation, the parties’ conduct, the specific harm, and the facts connecting that harm to the central issue in the case: The enforceability of standard-form clauses within a dealership or commercial network relationship.

Informational commentary on a published ruling; it does not constitute advice nor guarantee an outcome. Application to a case depends on its circumstances.

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