Chapter 5: General Theory Of Contracts

Question 1

Concept of contracts

Answer 1

The contract is an agreement of will between two o more persons, to give something or provide some service

Question 2

Types of contracts

Answer 2

• Consensual/ Formal
• Obligational/ Real
• Multilateral/ Unilateral
• Onerous/ Gratituous

Question 3

Consensual contracts

Answer 3

Contracts made with freedom of form

Question 4

Formal contracts

Answer 4

Need a specific formality

Question 5

Obligational contracts

Answer 5

Without effecs on things

Question 6

Real contracts

Answer 6

With effects on things

Question 7

Multilateral contracts

Answer 7

Create obligations for several parties

Question 8

Unilateral contracts

Answer 8

Create obligations for just one party

Question 9

Onerous contracts

Answer 9

Involve consideration

Question 10

Gratuituous

Answer 10

Not involving consideration

Question 11

Basic preinciples of contracting

Answer 11

• Principle of autonomy of the will
• Principle of prohibition of the arbirtarity of contractors
• Principle of relativity of contracts
• Obligatory nature of the contract

Question 12

Principle of autonomy of the will

Answer 12

Liberty to set up a contract without having to conform to any type of patterns

Question 13

Prohibition of the arbitrary of contractors

Answer 13

No party can alterate the contract by themselves

Question 14

Relativity of the contract

Answer 14

Contracts only produce effects between the pre-established parties

Question 15

Obligatory nature of the contract

Answer 15

Contract obliges both parties to what was agreed, but also to all consequences deriving therefrom

Question 16

Exceptions to the freedom of contract

Answer 16

Parties should be able to freely set the terms of a contract unless:

• Rights are to be modified
• Leases to third parties
• Nuptial agreements
• Inheritance rights

Question 17

Interpretation of contracts

Answer 17

• If the terms are clear and leave no doubts, there shall be literal interpretation
• intention of the parties shall prevail over the literal meaning
• Facts regarding time and situation of the contract shall be considered

Question 18

Essential elements of a contract

Answer 18

• Consent
• Object
• Cause

Question 19

Consent in a contract

Answer 19

Meeting of offer and acceptance

Question 20

Consent may be defective if:

Answer 20

• There are excusable errors in the object, conditions or qualities of the contract
• There is malice by action or omission
• There is intimidation to get consent

Question 21

Object in a contract

Answer 21

Thing or service to be provided in a contract

Question 22

Cause in a contract

Answer 22

The true intention of the parties when entering a contract. It must exist, be true and lawful

Question 23

Reasons for the termination of a contract

Answer 23

• Nullity
• Annulability
• Resolution
• Rescission

Question 24

Nullity as a cause for termination

Answer 24

If there is nullity it is considered that the contract never existed. It is produced whenever a contract lacks one of the essential elements

Question 25

Annulability as a cause for termination

Answer 25

A contraact is terminated due to defects in any of the essential elements, espacially consent.

Question 26

Resolution as a cause for termination

Answer 26

Termination by one party due to unfulfilment of the others

Question 27

Rescission as a cause for termination

Answer 27

Termination due to special circumstances due to insolvency or invalidity by the law

Question 28

Causes for rescission

Answer 28

• Contracts entered without valid consent
• Contracts entered in behalf of an absentee
• Contracts referring to litigious objects