The paradox of contractual protection: Protecting the weak of today excludes the weak of tomorrow

Many policies fail not because of ill intent or technical blunder, but because they respond to myopic political demand. This article examines a single paradox: protecting the weaker party in contracts already in force often harms equally vulnerable people who will seek to contract later. Spain’s residential rental market illustrates the point. The central conflict is not so much between landlords and tenants as between current and future tenants. When legislators or judges rewrite existing contracts or weaken enforcement, they grant visible relief today while raising risk, shrinking supply, and making access harder tomorrow. The way out is not more retroactive protection but budget-funded emergency relief, general and prospective contracting rules, rapid enforcement, and reforms that expand supply.