Not always, but it is a very useful option when there is a monetary debt that is due, payable, and for a determined amount, and it can be properly supported with documentation.
Yes. In reciprocal obligations, the Civil Code allows you to request either performance or termination of the contract, in both cases with compensation for damages and interest.
The general sales regime allows claims for hidden defects when the defect makes the item unfit for its intended use or significantly reduces its usefulness. The buyer may choose between rescinding the contract or requesting a reduction of the price. However, the general limitation period under the Civil Code is six months from delivery.
In that case, the regime of lack of conformity under the Consumer Law (TRLGDCU) may apply, giving the consumer the right to repair, replacement, price reduction, or termination of the contract depending on the case. As a general rule, the seller is liable for any lack of conformity that appears within two years from delivery.
No. Damages can also be claimed outside a contractual relationship when a person causes harm to another through an act or omission involving fault or negligence.