Contracts have the FORCE OF LAW (Article 1159, Civil Code, Obligations & Contracts)

Summary

In this video, Attorney Marty Chris Baton Lasko explains the concept of contracts having the force of law between contracting parties. He highlights that once a contract is formed, the parties are bound to abide by its terms in good faith, and failure to do so may result in legal action for breach of contract. However, contracts must not violate law, morals, public order, or public policy. This principle, derived from Article 1159 of the Civil Code, stresses the importance of compliance while maintaining the freedom to negotiate contract terms within legal limits.

Takeaways

• 😀 Contracts have the force of law between contracting parties, meaning both parties must abide by the terms and comply with them in good faith.
• 😀 If a party fails to comply with the terms of the contract, the aggrieved party has the right to file a case in court for breach of contract.
• 😀 For a contract to have legal force, it must not contradict the law, morals, good customs, public order, or public policy.
• 😀 An example of a void contract would be one involving illegal activities, such as the sale of prohibited drugs, which goes against the law.
• 😀 The principle that contracts have the force of law emphasizes the obligation of the parties to follow the agreed terms and stipulations.
• 😀 This principle does not mean that contracts override national laws; it only highlights the binding nature of agreements between parties.
• 😀 While parties are free to make terms and stipulations in their contracts, they must not violate the restrictions set by the law, morals, or public order.
• 😀 Article 1159 of the Civil Code states that obligations arising from contracts must be complied with in good faith.
• 😀 Once parties make an agreement, they are legally bound to follow through on the terms they've agreed to.
• 😀 The video encourages viewers to like, subscribe, and comment if they want further discussions on other legal principles.

Q & A

What does it mean when we say that contracts have the force of law between contracting parties?

It means that the parties involved in the contract are legally bound to follow its provisions and must comply with it in good faith. If one party fails to do so, the other party may file a lawsuit for breach of contract.

What happens if a party does not comply with the terms of a contract?

If one party does not comply with the terms of the contract, the other party has the legal right to file a case in court for breach of contract.

Are all contracts enforceable under the principle of having the force of law?

No. A contract will only have the force of law if it is not contrary to law, morals, good customs, public order, or public policy. For instance, a contract involving illegal activities would be void.

What is an example of a contract that would be considered void?

An example would be a contract where one party sells prohibited drugs to another. Such a contract would be void because it violates the law.

Which legal article discusses the principle of contracts having the force of law?

This principle is outlined in Article 1159 of the Civil Code, which states that obligations arising from contracts have the force of law between the contracting parties and must be complied with in good faith.

Do the terms of a contract override national laws?

No. While contracts are legally binding, they cannot override national laws. The contract is only enforceable if it complies with the law and does not violate public order or policy.

What are the limitations on the freedom to create terms in a contract?

The limitations are that the contract must not be against the law, morals, good customs, public order, or public policy. For example, you cannot create a contract that violates legal principles or engages in illegal activities.

What is the core principle emphasized when discussing contracts in this video?

The core principle is that once parties agree to a contract, they are legally obligated to follow its terms and comply in good faith, with certain limitations.

Can you change or modify the terms of a contract freely?

Yes, you can modify the terms of a contract, but only within the boundaries of the law. The terms cannot violate legal principles, morals, or public order.

Why is it important to understand that contracts have the force of law?

Understanding that contracts have the force of law is crucial because it ensures that all parties involved are legally bound to the terms they agreed to, offering protection and remedies if there is a breach.