Types of Contracts Flashcards

1
Q

Definition of Conventional Obligations

A

a conventional obligation is a relationship in which one person (an obligor) is bound to render a performance to another (an obligee).

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2
Q

Unilateral Contract

A

a unilateral contract is one in which the party who accepts the obligation of the other does not assume a reciprocal obligation

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3
Q

Bilateral Contract

A

a contract is bilateral when the parties obligate themselves reciprocally so that the obligation of each party is correlative to the obligation of the other

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4
Q

Onerous Contract

A

a contract in which both parties receive an advantage for their obligation

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5
Q

Gratuitous Obligation

A

a contract in one party receives obligates himself to the other party without obtaining an advantage in return

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6
Q

Deposit

A

a contract in which one person (a depositor) delivers a movable thing to another person (the depositary) for safekeeping under the obligation of returning it to the depositor on demand

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7
Q

Form required for a donation

A

authentic act- if not it is absolutely null

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8
Q

sale of an immovable

A

must be made by private signature or authentic act

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9
Q

Principal Contract

A

a contract in which a secured obligation arises between parties

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10
Q

Accessory Contract

A

a contract made to provide security for the performance of an obligation

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11
Q

Nominate Contracts

A

contracts given a special designation

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12
Q

Innominate contract

A

contracts with no special designation

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13
Q

commutative contract

A

bilateral-when the performance of the obligation of each party is correlative to the performance of the other

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14
Q

the sale of a future thing

A

a future thing may be the object of a sale. The coming into existence of the thing is a condition that suspends the effects of the sale

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15
Q

aleatory contract

A

a contract, because of its nature or the party’s intent, the performance of the obligation or the extent of the performance depends on an uncertain event

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16
Q

A sale of hope

A

a hope may be the object of a sale

17
Q

Authentic Act

A

executed before a notary, signed by the parties, and two witnesses

18
Q

Act under private signature duly acknowledged

A

signed by the parties. accepted as prima facie true and genuine

19
Q

Act under private signature

A

does not have to be written by the parties, but must be signed by them

20
Q

Requirements of a contract

A

capacity, consent, object and cause

21
Q

capacity

A

all persons have the right to enter into a contract except for unemancipated minors, persons deprived of reason at the time of contracting, and interdicts

22
Q

consent

A

a contract is formed by the consent of the parties established through offer and acceptance

23
Q

object

A

parties are free to contract for any object that is lawful, possible, and determined or determinable

24
Q

cause

A

an obligation cannot exist without a lawful cause

25
Q

results of failure to satisfy all requirements of a contract

A

the contract is NULL

26
Q

Null

A

a contract is null when the requirements for its formation have not been met

27
Q

Absolutely Null

A

a contract is absolutely null when it violates a rule for public order. An absolutely null contract may not be confirmed.

28
Q

Relatively Null

A

a contract is relatively null when it violates a rule intended for the protection of private parties. Can be confirmed.

29
Q

Effect of an absolutely null contract

A

deemed to never have existed