CHAPTER 1 : INTRO

Question 1

In common law is contract law part of private law

Answer 1

no

Question 2

In civil law is contract law part of private law

Answer 2

yes

Question 3

what are judicial acts?

Answer 3

TERM that all acts have legal consequences. these consequences are intended by the person acting. Contracts are example pf judicial acts

Question 4

what are the 3 principles of a contract

Answer 4

Freedom, binding force, and informality

Question 5

freedom of contract?

Answer 5

1. to choose the content
2. to choose the other party
3. to enter the contract

Question 6

binding force? Repercussions if broken

Answer 6

Contrato es vinculante. Repercussion if not followed. In civil law: if broken the law can force you to continue the contract
In common law: law makes you pay compensation if not followed

Question 7

Explain me the principle of informality?

Answer 7

Some contracts are through informal means, as there is no need to follow formal procedures: public need, writings, etc.
Intention is what is needed
In roman law: STIPULATIO ( formal procedures needed) however in 17th century –> with canon law and natural law writers and the emergence of national laws, this was not needed

Question 8

the 3 categories of a contract?

Answer 8

1. the nature of the contract
2. the type
3. the reason

Question 9

explain me the nature of a contracts

Answer 9

it can have 3:
- commercial
- business
- private

Question 10

explain me the type of contract

Answer 10

for example of a business contracts is not the same as an employment contract. Each contract contains different conditions

Question 11

explain the reason of contracts ( bilateral and unilateral)

Answer 11

1. Bilateral - normally the majority of the contracts. each party gives something in EXCHANGE. DO IT DES- you give me I give you
2. Unilateral- one party does not Gove something in exchange/ return. Normally driven by good faith. EXAMPLE donation