CONCEPTOS CARACTERISTICAS Y CLASIFICACION DE LOS CONTRATOS

Summary

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Takeaways

• 😀 A contract occurs when multiple people agree on a declaration of common will to settle their rights, with three key characteristics: plurality of people, agreement of wills, and a legal objective.
• 😀 Unilateral contracts involve obligations for only one party, while bilateral contracts involve reciprocal obligations from both parties.
• 😀 Onerous contracts involve mutual obligations where both parties benefit (e.g., sale, lease), while free contracts involve obligations for just one party (e.g., donation).
• 😀 Commutative contracts have mutually determined and economically equivalent obligations, like in sales or exchanges. Random contracts depend on uncertain events, such as life annuities.
• 😀 Consensual contracts are concluded by mere consent, while real contracts require the delivery of a thing to be valid (e.g., loan for use).
• 😀 Non-formal contracts don't require specific formalities to be valid, while formal contracts must adhere to legal formalities.
• 😀 Nominated contracts are those specifically provided and legislated in the code, while atypical contracts are created freely by the parties involved.
• 😀 Instantaneous contracts fulfill obligations at the same time (e.g., a sale of goods), whereas deferred contracts have obligations fulfilled later (e.g., employment).
• 😀 Successive and periodic contracts involve ongoing obligations over time (e.g., leases, employment contracts).
• 😀 Main contracts can exist independently, while accessory contracts rely on the existence of a main contract, like guarantees.

Q & A

What is the definition of a contract according to the Civil Code?

A contract is defined as an agreement between multiple parties who share a common will aimed at settling their rights.

What are the three characteristics of a contract?

The three characteristics of a contract are: (1) a plurality of people, (2) an agreement of wills or consent, and (3) a legal objective.

What is the difference between unilateral and bilateral contracts?

Unilateral contracts are those where only one party is obligated, such as a donation. Bilateral contracts involve reciprocal obligations between the parties, such as in a purchase and sale.

What is the distinction between onerous and free contracts?

Onerous contracts involve mutual obligations where each party benefits from the other's actions (e.g., sale, lease), while free contracts involve only one party being obligated, such as a donation.

What are commutative and random contracts?

Commutative contracts involve obligations that are determined in a precise way and are considered economically equivalent (e.g., sale, exchange). Random contracts, however, have uncertain benefits depending on an event (e.g., life annuity).

What is the difference between consensual and real contracts?

Consensual contracts are valid with mutual consent, while real contracts require the delivery of the object involved for validity (e.g., life sale, deposit).

What is the difference between formal and non-formal contracts?

Non-formal contracts are valid with only the agreement of wills, regardless of formality (e.g., verbal agreements). Formal contracts, however, require specific legal formalities (e.g., written contracts).

What are nominated and atypical contracts?

Nominated contracts are those specifically provided for in the legal code, such as sale and lease. Atypical contracts are not legislated in the code and are created freely by the parties (e.g., a garage contract).

What is the difference between instantaneous, deferred, and successive contracts?

Instantaneous contracts are fulfilled immediately, such as a sale. Deferred contracts are fulfilled at a later time. Successive contracts involve obligations that unfold over time, such as in an employment contract or lease.

What is the distinction between main and accessory contracts?

Main contracts can exist independently, while accessory contracts depend on the existence of a main contract (e.g., guarantees). If the main contract is voided, the accessory contract is also affected.