Topic 8 - The contrat

Question 1

What are the names of diff contracts?

Answer 1

Sale and Purchase Agreement (SPA)
Barter
Donation
Deposit
Mandate
Lease
Bailment/Suretyship
Contract of Service - La Peluqueria
Contract of Work

Question 2

What is a contract

Answer 2

A contract is an agreement between two or more people which creates rights and obligations between them.

The obligations arising from a contract are regarded as law between the parties.

Contracting parties can establish any pacts, clauses and conditions that they want as long as these are not against the law, the morals or the public order (autonomy of will or private autonomy, art. 1255 Cc).

Contracts are subject to the principle of freedom of form and they bind the parties notwithstanding the form in which they are concluded (written/verbal). There are exceptions.

Question 3

What are the elements of a contract?

Answer 3

Essential elements are those necessary for the existence of the contract:

1. ……….The consent of the contracting parties
2. ………The object
3. ………The cause
4. ………The form (need of a public deed). Only sometimes needed.

Question 4

The consent of the contracting parties

Answer 4

Requirements:
1 The person giving consent has to be capable to do so (legal capacity).
2 Consent has to be given in a free and conscious manner.

Consent given by mistake, violence, intimidation or deceit..

Question 5

The object

Answer 5

It´s the matter to which the obligations arising from the contract refer.
All services and things which are legal and not out of trade can be the object of contracts.
The object of a contract has to be determined or subject to determination.

Question 6

The cause

Answer 6

The reason why the contracting parties assume obligations towards each other.

Question 7

What form can a contract take?

Answer 7

(i) Implied: the consent is presumed by the circumstances or by the conduct of the parties.
(ii) Verbal: they are valid, but difficult to prove if problems arise.
(iii) Writing: both contracts executed in a private document and contracts executed in a public document.
There are some cases in which a special form (notarial deed) is required for the validity of the contract: formal contracts.

Question 8

What types of contract exist?

Answer 8

1. Gratuituous and Onerous contracts:
   Gratuitous: one of the parties gives and advantage to the other without receiving anything in exchange.
   Onerous: each party receive something in exchange.

      2. Consensual, Real and Formal Contracts: Consensual: general rule. They are perfected by the mere consent of the parties (when the offer meets the consent). Real: they are perfected by the joint of consent and the delivery of the object of the contract (bailment). Formal: they require a special form to be valid (donation of immovable assets).