Contratos y Clasificaciones de los Contratos - Canal Legal MX

Summary

In this video, José Miguel explains the concept of contracts as a key source of obligations. He distinguishes between agreements and contracts, emphasizing that contracts are agreements meant to create or transfer rights and obligations. The video explores various classifications of contracts, including bilateral vs unilateral, gratuitous vs onerous, and random vs commutative, among others. José Miguel also covers concepts like main vs accessory contracts and formal vs solemn contracts, highlighting their legal implications. The video provides a thorough understanding of contract theory, crucial for anyone studying obligations and legal agreements.

Takeaways

• 😀 Contracts are a source of obligations created through the agreement of wills to create or transfer rights and obligations.
• 😀 An agreement, in a broad sense, refers to any agreement of wills to create, transfer, modify, or extinguish rights and obligations.
• 😀 In a strict sense, an agreement refers to the modification or extinction of rights and obligations, while contracts focus on their creation or transfer.
• 😀 Bilateral contracts involve mutual obligations for both parties, while unilateral contracts only involve one party's obligation.
• 😀 Gratuitous contracts benefit only one party (e.g., donation or loan), while onerous contracts involve reciprocal benefits and burdens for both parties.
• 😀 Random contracts depend on chance or uncertainty for the magnitude of benefits and burdens, while commutative contracts have clearly defined benefits and burdens from the outset.
• 😀 Main contracts are independent and do not require prior agreements (e.g., sale, lease), while accessory contracts depend on the existence of a prior obligation (e.g., mortgage, pledge).
• 😀 Instantaneous contracts involve the exchange of effects and their extinction in the same act, while successive contracts are executed over time (e.g., installment purchase).
• 😀 Nominated or typical contracts are explicitly regulated in legal systems, while unnamed or atypical contracts are not specifically defined but are allowed under the principle of freedom of contract.
• 😀 Formal contracts require specific formalities prescribed by law for validity, and failure to adhere to these formalities may lead to the relative nullity of the contract.
• 😀 Marriage, though not classified as a contract by all doctrines, could be seen as a solemn contract due to its legal formalities and consequences if performed incorrectly.