Resumen:
In German law, 285 BGB plays the same role as Art. 1186 CC in Spanish law, but there it was already accepted from its enactment that the commodum can also be demanded when the supervening failure of performance is imputable to the debtor. Even more, soon after the BGB's entry into force, it was even accepted that the commodum ex negotiatione, i.e. the price the debtor gets for negotiating with the due thing, can also be demanded. At present, the interpretation of the said paragraph poses new challenges, such as its aplication to obligations to do or to obligations not to do, and offers the new insights advanced by legal writers to justify these proposals. The present study briefly describes the different ways of understanding and justifying 285 BGB, to thereby explore the adequate interpretation of our Art. 1186 CC: What function is intended to fulfill the claim for the commodum ex negotiatione? Would it be reasonable to incorporate it into our legal system? And, if so, to what cases should it be applied?
