Types of Contracts Flashcards
2668 Contract of lease definded
Lease is a synallgamatcic contract by which one party, the lessor, binds himself to give to the other party, the lessee, the use and enjoyment of a thing for a term in exchange for a rent that the lessee binds himself to pay.
The consent of the parties as to the thing and the rent is essential, but not necessarily sufficient for a contract of lease.
2439 Contract of sale
Sale is a contract whereby a person transfers ownership of thing to another for a price in money. The thing, the price and the consent are requirements for the perfection of a sale
2440 Sale of immovable, method making
A sale or promise of sale of an immovable must be made by authentic act or by act under private signature
2464 Price, essential elements
The price must be fixed by the parties in a sum either certain or determinable through a method agreed by them. There is no sale unless the parties intended that price to be paid.
The price must not be all out of proportion with the value of the thing sold.
Beware of donations in disguise
Is the transfer of a thing in return for services rendered a sale?
No, it is an innominate contract
2623 Bilateral promise of sale
An agreement whereby one party promises to sell and other promises to buy a thing at a later time, or upon the happening