Contratos típicos y atípicos - Mario Castillo Freyre

Summary

This video discusses the concept of typical and atypical contracts in civil law. It explains that typical contracts are regulated by the general part of the civil code, while atypical contracts either lack legal regulation or follow social conventions. The video emphasizes the distinction between legal typicality and social typicality, highlighting how contracts like insurance or company contracts are legally typical, though not necessarily regulated in the civil code. The primary focus is on understanding how typicality applies to various contracts in legal practice.

Takeaways

• 😀 All contracts, whether typical or atypical, are regulated by the general part of contracts in the civil code.
• 😀 A typical contract refers to one that has legal regulation or, in some cases, social typicality through repeated use in society with the same structure and specific name.
• 😀 Atypical contracts are those that neither have legal typicality nor social typicality.
• 😀 In many cases, when people talk about typical or atypical contracts, they are referring to legal typicality, not social typicality.
• 😀 Legal typicality refers to whether a contract is regulated by a law, such as in the civil code or a special law.
• 😀 The insurance contract, although not regulated by the civil code, is regulated by a special law, giving it legal typicality.
• 😀 The contract between companies is typically governed by the law of companies, not the civil code, but still carries legal typicality.
• 😀 The main focus when discussing typical and atypical contracts is whether or not they are regulated by a law.
• 😀 Social typicality refers to contracts that are commonly used with the same structure and name across society, even if not legally regulated.
• 😀 A contract without both legal and social typicality is considered an atypical contract.
• 😀 Legal typicality is key when distinguishing contracts in legal contexts, often leading to categorization as typical or atypical.

Q & A

What is the main topic discussed in the video?

The main topic discussed in the video is the difference between typical and atypical contracts, focusing on their legal and social typicality.

What does the term 'typical contract' refer to?

A typical contract refers to a contract that has legal regulation under the general part of the civil code, or one that, although not legally regulated, has social typicality, meaning it is commonly used in society with the same structure and specific name.

What is meant by 'social typicality' in the context of contracts?

Social typicality refers to contracts that are celebrated repeatedly in society using the same structure and forms, even if they do not have legal regulation. These contracts are recognized by society as typical.

What is the distinction between a typical and an atypical contract?

A typical contract has legal or social typicality, meaning it follows a known structure and may be regulated by law or commonly accepted in society. An atypical contract, on the other hand, does not have legal or social typicality.

What is the role of the civil code in regulating contracts?

The civil code provides the general regulation for contracts, which applies to both typical and atypical contracts. It sets the fundamental principles for contract formation and enforcement.

How does legal typicality differ from social typicality?

Legal typicality refers to contracts that are regulated by law, such as insurance or company contracts. Social typicality, on the other hand, refers to contracts that are commonly practiced in society but may not have formal legal regulation.

Can you give an example of a contract with legal typicality?

An example of a contract with legal typicality is an insurance contract, which is regulated by a special law and not by the civil code.

What is an example of a contract without legal typicality or social typicality?

A contract without legal or social typicality would be a completely unique agreement that does not follow common structures or have any formal legal regulation or widespread social recognition.

Is the concept of typicality commonly understood in both legal and social contexts?

While the term 'typical contract' can refer to both legal and social typicality, most people and legal doctrines focus more on legal typicality when referring to typical and atypical contracts.

How does the legal regulation of contracts influence their classification as typical or atypical?

The legal regulation of contracts plays a crucial role in determining whether a contract is considered typical or atypical. If a contract is regulated by law, such as through the civil code or a special law, it is typically categorized as a typical contract. If it lacks such regulation, it may be classified as atypical.