Contracts part 1
Summary
TLDRThis lesson delves into the intricacies of contracts, defining them as agreements between parties that create obligations. It distinguishes contracts from broader agreements, emphasizing that not all are legally enforceable. The video outlines the essential elements of a valid contract, including mutual consent, a defined object, and a lawful cause. It also covers the binding nature of contracts on parties and their assignees, with exceptions for non-transferable rights. The lesson further explores third-party liability, the classification of contracts by perfection, and the essential requisites for consent and objects of contracts, providing a comprehensive foundation on contract law.
Takeaways
- 📜 A contract is defined as a meeting of the minds between two parties where one party binds themselves to give something or render a service.
- 🔗 Contracts are one source of obligations, which are the legal relationships that exist after a contract is entered into.
- 🚫 Not all agreements are enforceable in courts of justice, distinguishing a contract from a broader concept of an agreement.
- 🤝 Article 1306 guarantees freedom to contract, allowing parties to establish stipulations, terms, and conditions as long as they are not contrary to law or public policy.
- 🧾 Article 1308 states that a contract must bind both parties, and its validity or compliance cannot be left to the will of one of them.
- 👤 Article 1309 allows for the determination of performance to be left to a third person, whose decision is not binding until it is made known to both parties.
- 🔄 Contracts are generally transmissible to successors, but there are exceptions when rights and obligations are not transmissible, such as contracts involving personal qualifications.
- 💡 Article 1313 protects creditors in cases of contracts intended to defraud them, ensuring they are not left without recourse.
- 📝 Article 1314 and 1315 discuss the liability of third parties who induce a breach of contract, highlighting the broader implications of contractual agreements.
- 🔑 Article 1318 outlines the essential requisites of a contract, including consent of the parties, a certain object, and a cause of the obligation.
- 📑 The classification of contracts is based on their method of perfection, such as consensual, real, and solem contracts, each with specific requirements for validity.
Q & A
What is the definition of a contract according to Article 1305?
-A contract is defined as a meeting of minds between two persons whereby one binds himself to the other to give something or render a service.
How does a contract differ from an obligation?
-A contract is one of the sources of obligation. An obligation is the legal relationship that exists after a contract has been entered into.
What is the difference between a contract and an agreement?
-A contract is enforceable through legal proceedings, while not all agreements are enforceable in courts. An agreement is broader because it may not meet all the legal requisites of a contract.
What does Article 1306 say about the freedom to contract?
-Article 1306 states that contracting parties may establish stipulations, clauses, terms, and conditions as they deem convenient, provided they are not contrary to law, morals, good customs, public order, or public policy.
According to Article 1308, what does it mean that a contract binds both parties?
-A contract must bind both contracting parties, meaning its validity or compliance cannot be left to the will of one party alone.
What does Article 1309 state about determination of performance by a third person?
-The performance of a contract can be determined by a third person, but their decision is not binding until it has been made known to both contracting parties.
What are the exceptions to the rule that contracts are only effective between the parties involved?
-Exceptions occur when the rights and obligations from the contract are not transmissible, such as when they involve personal qualifications, stipulations, or specific provisions of law (e.g., partnerships).
What does Article 1314 state about the liability of third parties for breach of contract?
-Under Article 1314, any third person who induces another to violate a contract is liable for damages to the other contracting party.
What are the essential requisites of a contract under Article 1318?
-The essential requisites of a contract are: (1) consent of the contracting parties, (2) a certain object that is the subject matter of the contract, and (3) the cause of the obligation.
What happens if an offer is accepted by letter or telegram according to Article 1320?
-If an offer is accepted by letter or telegram, the acceptance does not bind the offerer until it comes to their knowledge. The contract is presumed to have been entered into where the offer was made.
Outlines
📜 Overview of Contracts and Their Essentials
This paragraph provides a foundational understanding of contracts, defining them as agreements between two parties where one is bound to give something or render a service. It distinguishes between contracts and obligations, highlighting that contracts are a source of obligations but not all obligations arise from contracts. The paragraph also differentiates between contracts and agreements, noting that not all agreements are legally enforceable. It outlines the freedom to contract, stating that parties may establish terms as long as they are not contrary to law or public policy. The binding nature of contracts on both parties is emphasized, as is the general rule that only parties, assigns, and heirs can have rights and obligations under a contract, with exceptions for personal qualifications, stipulation, or legal provisions. The paragraph also discusses the liability of third parties for inducing contract breaches and the classification of contracts based on their perfection, including consensual, real, and solemn contracts. Essential requisites for contracts are also outlined, such as the need for consent, a certain object, and a cause of obligation.
📝 Characteristics and Object of Contracts
Paragraph 2 delves into the characteristics of consent in contracts, which must be intelligent, free, voluntary, conscious, and spontaneous. It discusses the incapacity of certain individuals, such as unemancipated minors and insane persons, to give consent to contracts. The validity of contracts entered into during lucid intervals and the voidability of those agreed upon under the influence of intoxication or hypnosis are also mentioned. The paragraph further explores the object of contracts, stating that all things not outside the commerce of men, including future things, and all rights not intransmissible may be the object of a contract. It outlines the requirements for things and services to be valid objects of a contract, such as being within the realm of commerce, not impossible, determinate, and capable of existence or performance. The causes of contracts, or the purposes that contracting parties have in view, are also classified into three types: onerous, where parties are reciprocally obligated; remuneratory, where the contract's purpose is to reward a previously rendered service; and gratuitous, which is not explicitly detailed in the paragraph.
Mindmap
Keywords
💡Contract
💡Obligation
💡Agreement
💡Consent
💡Stipulations
💡Cause
💡Object
💡Real Contract
💡Third-Party Determination
💡Voidable Contract
Highlights
A contract is defined as a meeting of minds between two persons where one binds himself to give something or render a service.
Contract versus obligation: A contract is one of the sources of obligation, while an obligation is the legal relationship that exists after a contract has been entered into.
Contracts versus agreements: Not all agreements are enforceable in court, whereas contracts are legally enforceable.
Article 1306: Parties can establish stipulations and conditions as long as they are not contrary to law, morals, good customs, public order, or public policy.
Article 1308: A contract binds both parties, and its validity or compliance cannot be left to the will of just one party.
Article 1313: Creditors are protected in cases of contracts intended to defraud them.
Article 1315: Contracts are perfected by mere consent, and from that moment, parties are bound to fulfill what has been expressly stipulated.
Classification of contracts: Consensual contracts are perfected by mere consent, real contracts by the delivery of the subject matter, and solemn contracts require compliance with formalities prescribed by law.
Article 1318: There is no contract unless the following requisites are met: consent, a certain object, and a cause.
Consent is the conformity of wills between the contracting parties on the object and terms of the contract.
Offer and acceptance: For a contract to be valid, the offer must be certain and the acceptance absolute. Qualified acceptance constitutes a counteroffer.
Article 1327: Certain individuals, such as unemancipated minors or insane persons, cannot give valid consent to a contract.
Article 1330: A contract is voidable if consent is given through mistake, violence, intimidation, undue influence, or fraud.
Article 1347: All things not outside the commerce of men, including future things, may be the object of a contract.
Impossible services or objects cannot be the subject of a contract.
Transcripts
Good day our lesson for today is all
about
contracts article
1305 define contract as a meeting of
mind Between Two persons whereby one
bind himself with respect to the other
to give something or to Render some
service contract versus obligation
contract is one of the sources of
obligation the hand obligation is the
legal or relationship itself that exist
after a contract has been entered
into contract versus agreement contract
or agreement enforceable through legal
proceedings and not all agreements are
enforce in action in the courts of
justice an agreement is broader than a
contract because the former may not have
all the requisites of a
contract freedom to contract guarantee
article 1306 the contracting parties may
establish such stipulations clw terms
and conditions as they may deem
convenient provided They are not
contrary to law morals good customs
public order or public
policy contract binds both contracting
parties article 1308 The Contract must
bind both contracting parties its
validity or compliance cannot be left to
the will of one of them
determination of performance by a third
person article 1309 the determination of
the performance may be left to a third
person Whose decision shall not be
binding until it has been made known To
both contracting parties persons
affected by a contract general rule a
party's rights and obligations derived
from a contract are transmissible to the
successors contracts take effect only
between the parties their assigns and
ears this means that only the parties
assigns and ears can have the rights and
obligations under the
contract exceptions to the rule the
cases when contracts are effective only
between the parties are when the rights
and obligations arising from The
Contract are not
transmissible number one by their nature
contract involving personal
qualifications number two by stipulation
number three by provisions of law as in
partnership right of creditor to impe
contracts intended to def them article
1313 creditors are protected in cases of
contracts intended to defraud
them liability of third person
responsible for breach of contract
article 1314 any third person who
induces another to violate his contract
shall be liable for damages to the other
contracting
part article 1315 contracts Are
perfected by mir consent and From the
moment the parties are bound not only to
the fulfillment of what has been
expressly stipulated but also to all the
consequences which according to their
nature may be keeping with good Faith
usage and Law classification of
contracts according to perfection number
one consensual contract or that which is
perfected by m consent number two real
contract or that which is perfected by
the delivery of the thing subject matter
of the contract number three solem
contract or which requires compliance
with certain formalities prescribed by
law essential requisites of contracts
article 1318 there is no contract unless
the following requirements conure number
one consent of the contracting parties
number two object certain which is the
subject matter of the contract number
three cause of the obligation which is
established
consent consent is the conformity or
concurrence of wills and with respect to
contracts it is the agreement of the
will of one contracting party with that
of Another or others upon the object and
terms of the
contract article 3019 consent is
manifested by the meeting of the offer
and the acceptance upon the team and the
cause which are to constitute the
contract the offer must be certain and
the acceptance absolute the qualified
acceptance constitute a counter offer
acceptance made by Letter or telegram
does not bind the offerer except from
the time It came to his sts the contract
in such a case is presumed to have been
entered into in the place where the
offer was
made form of acceptance of offer article
1320 unacceptance may be Expressed or
imp matters that may be fixed by the
offer article 3021 the person making the
offer may fix the time place and the
manner of acceptance all of which must
be complied
with article 1323 an offer becomes
ineffective Upon The Death civil
interdiction insanity or insolvency of
either party before acceptance is
conveyed
under article 1327 the following cannot
give consent to a contract number one
unemancipated
minors number two insane or demented
persons and depes who do not know how to
write article 1328 contracts entered
into during a lucid interval are valid
contracts agreed to in a state of
drunkness or during a hypnotic spell are
voidable article 1330 a contract Where
consent is given through mistake
violence intimidation and DU influence
or fraud is
voidable characteristics of consent
number one it is intelligent number two
it is free and voluntary number three it
is conscious and
spontaneous The following are the object
of
contracts article 1347 all things which
are not outside the Commerce of men
including future things may be the
object of a contract all rights which
are not intransmissible may also Be The
Object of a contract no contract may be
entered into upon future inheritance
except in cases expressly authorized by
law all services which are not contrary
to law morals good customs public order
or public policy may Likewise Be The
Object of a
contract article 1348 impossible or
services cannot be the object of a
contract requisites of things as object
of contract number one the thing must be
within the Commerce of men that is it
can legally be the subject of commercial
transaction number two It must not be
impossible legally or physically number
three It must be in existence or capable
of coming into existence number four It
must be determinate or determinable
without the needs of of a new contract
between the
parties requisites of services as object
of contract number one the service must
be within the Commerce of men number two
It must not be impossible physically or
legally number three It must be
determinate or capable of being made
determinate causes of
contracts cause or causa is the
essential or approximate purpose which
the contracting parties have in view at
the time of entering Into The
Contract classification of contract
according to C number one unus the
parties are reciprocally obligated to e
other number two remuneratory or
remunerative the purpose of the contract
is to reward the service that had been
previously rendered by the party
remunerated and number three grat
Voir Plus de Vidéos Connexes
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OBLICON_GENERAL PROVISIONS OF CONTRACTS PART 1
Diritto Privato per Economia - Cap. 11 Il Rapporto Obbligatorio
Law on Obligations- Chapter 1
OBLICON_GENERAL PROVISION ON CONTRACTS PART 3
General Intro | Contracts | Contract Definition, What is a Promise, Legal Enforceability
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