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
those in which what is done, given or promised by one party is considered same as the other or in consideration of what is done, given or promised by the other. Example: lease
(According to the risks involved)
Commutative
where performance of the promise is dependent on the occurrence of a fortuitous event. The full consideration of this act is the other party’s promise to perform an act if a fortuitous event occurs. Example: insurance
(According to the risks involved)
Aleatory
According to their names or norms regulating them:
- Nominate
- Innominate
those which have their own individuality and are regulated by special provisions of law. Examples: sale, lease, common carrier, insurance, deposit agency.
(According to their names or norms regulating them)
Nominate
those which lack individuality and are not regulated by law.
(According to their names or norms regulating them)
Innominate
Classification of Innominate contract in the Roman Law:
I give and you give;
I give and you do,
I do and you do.
