Classification Of Contracts Flashcards
According to their relation to other Contracts
- Preparatory
- Principal
- Accessory
those which have for their object the establishment of a condition in law which is necessary as a preliminary step towards the celebration of another subsequent contract. Example: partnership, agency, common carrier, insurance. (Relation to other contracts)
Preparatory
or those which can subsist independently from other contracts and whose purpose can be fulfilled by themselves.
Example: sale, lease, common carrier, insurance
(Relation to other contracts)
Principal
those which can exist only as a consequence of, or in relation with another prior contract. Examples: pledge, mortgage.
(Relation to other contracts)
Accessory
Contracts according to perfection
- Consensual
- Real
or those which are perfected by the mere agreement of the parties. Examples: sale, lease.
(According to perfection)
Consensual
or those which require not only the consent of the parties for their perfection, but also the delivery of the object by one party to the other. Examples: commodatum, deposit, pledge.
(According to perfection)
Real
according to their form
- Common or informal
- Special or formal
or those which require no particular form. Example: loan.
(According to their form)
Common or informal
those which require some particular form. Examples: donation, chattel mortgage.
(According to their form)
Special of formal
According to their purpose:
- Transfer of ownership
- Conveyance of use
- Rendition of service
Example: sale
( According to purpose)
Transfer of ownership
Example: commodatum
( According to purpose)
Conveyance of use
Example: agency, lease of services, labor
(According to their purpose)
Rendition of service
According to their subject matter
- Things
- Services
Examples: sale, deposit, pledge
(According to their subject matter)
Things
Examples: agency, lease of services, labor.
(According to their subject matter)
Services
According to the nature of the vinculum which they produce:
- Unilateral
- Bilateral
obligation is for one party only. Example: commodatum, gratuitous
deposit
(According to the nature of the vinculum which they produce:)
Unilateral
or those which give rise to reciprocal obligations to both parties.
Examples: sale, lease
(According to the nature of the vinculum which they produce:)
Bilateral
According to their cause
- Onerous
- Gratuitious
each of the parties aspires to get a benefit through the giving of an equivalent or compensation. Examples: sale, insurance, common carrier.
(According to their cause)
Onerous
or those in which one of the parties proposes to give the other a benefit without any equivalent or compensation. Example: commodatum
(according to their cause)
Gratuitous
According to the risks involved:
- Aleatory
- Commutative