Types of Contracts Flashcards
Definition of Conventional Obligations
a conventional obligation is a relationship in which one person (an obligor) is bound to render a performance to another (an obligee).
Unilateral Contract
a unilateral contract is one in which the party who accepts the obligation of the other does not assume a reciprocal obligation
Bilateral Contract
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
Onerous Contract
a contract in which both parties receive an advantage for their obligation
Gratuitous Obligation
a contract in one party receives obligates himself to the other party without obtaining an advantage in return
Deposit
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
Form required for a donation
authentic act- if not it is absolutely null
sale of an immovable
must be made by private signature or authentic act
Principal Contract
a contract in which a secured obligation arises between parties
Accessory Contract
a contract made to provide security for the performance of an obligation
Nominate Contracts
contracts given a special designation
Innominate contract
contracts with no special designation
commutative contract
bilateral-when the performance of the obligation of each party is correlative to the performance of the other
the sale of a future thing
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
aleatory contract
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
A sale of hope
a hope may be the object of a sale
Authentic Act
executed before a notary, signed by the parties, and two witnesses
Act under private signature duly acknowledged
signed by the parties. accepted as prima facie true and genuine
Act under private signature
does not have to be written by the parties, but must be signed by them
Requirements of a contract
capacity, consent, object and cause
capacity
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
consent
a contract is formed by the consent of the parties established through offer and acceptance
object
parties are free to contract for any object that is lawful, possible, and determined or determinable
cause
an obligation cannot exist without a lawful cause
results of failure to satisfy all requirements of a contract
the contract is NULL
Null
a contract is null when the requirements for its formation have not been met
Absolutely Null
a contract is absolutely null when it violates a rule for public order. An absolutely null contract may not be confirmed.
Relatively Null
a contract is relatively null when it violates a rule intended for the protection of private parties. Can be confirmed.
Effect of an absolutely null contract
deemed to never have existed