GENERAL THEORY OF CONTRACTS (EXTRACONTRACTUAL ( (ILLEGAL FACT (CIVIL…
GENERAL THEORY OF CONTRACTS
STRUCTURE OF THE CONTRACT
Indivisibility of the object
Solidarity of the subjects (active or passive)
Sign and other advancesOrder in compliance with obligations. and the right of retention
Seña and other advances
Communications (TCC or others)
Legal statute of public order: Explicit (Rhetorical value of the null clauses)
Supplementary statute ("natural" clauses): Explicit. Exclusion.
Accidental clauses: Term. Condition
Object (Typical obligations) Principal and accessory
Expresión de motivos. Anexos
Identificación de las partes: (subsistemas subjetivos)
Denominación: Datación (lugar y fecha)
Need to repair the damages caused to another person
Repair the damage or loss through the replacement or payment of its equivalent
That there is a link between chance and damage.
That it existed as an immediate and direct consequence between fact and damage
That the damage is true and not simply possible.
A person commits an action that is illegal, guilty, intentional and that causes harm to another
It involves the person who uses or owns a dangerous object that creates a risk of damage and produces these for that purpose.
Act contrary to the laws of public order or good custom
Human conduct that is done with carelessness, neligencia, and incompetence.
Falta de conducta que evita que las personas sean mas diligentes y cautelosas
Culpa Leve abstracto
Cuando el punto hace referencia o comparacion.
Falta de comportamiento que puede eludirse al proceder con el cuidado de una persona moral.
Breach of the civil norm or criminal offense
For violation of norm
By way of action by omission
Loss or impairment of assets
1 more item...
Lost or impaired personality rights compensation is paid.
UNILATERAL DECLARATION OF THE WILL
It is given from an agreement of one of the parties
Who without mandate or obligation of it is in charge of a matter of another
He who without cause is enriched to the detriment of another
A damage with some instrument
Commit via public announcements
Contract: Create and transfer rights and obligations
Written agreement: Extinguish, Modify, retain rights and obligations
Convention Broad Sense: Creates, modifies, transmits, conserves rights and obligations
Transmission of use
Guard and custody
Partnerships or common purpose
End a trial.
1.Bilateral: Both are bound by mutual agreement, obtaining rights and obligations.
Unilateral: Only one has the obligation.
Oneroso: They have tax and profit.
Free: Only one has profit
Typical: They are regulated by law.
Atypical: They are not regulated by law.
7.Nominated: They have a name
Unnamed: They have no name and are not nominated.
Main: It exists without depending on another.
Accessory: Depends on another contract.
Real: the object of the contract is mandatory.
12.Consensual: The object of the contract is not needed.
Instant: It is fulfilled or extinguished immediately.
Successive Tract: This extends the length of the contract.
Immediate execution: The object is met immediately.
Deferred execution: It is fulfilled over time.
Commutative: The scope of the contract is known.
Allocations: Depends on uncertain or future events.
Indiferens Personae: Anyone can hire.
Intuito Personae: Quality and Quality of person.
Preparatory: It allows in the future to sign a contract.
Definitive. It is signed and no other contract will be generated.
Consensual: It's just a pact of words
24: Formal: It must be done in writing.
Solemn: Given before an authority
Create, Transmit, Modify, and Conserve
Create and transmit
Rights and obligations
Fulfill the requirements that the law establishes
Consent: The parties must be in mutual agreement
Thing or counterbalance
Rights and obligations
Object, Reason and End
You can not go to trial without a representative
You can not sell your goods
Over 18 years
ABSENCE OF VICES
Relative nullity: You can save the contract
Absolute nullity: The contract is lost
SOURCES OF OBLIGATIONS
Does not confer action for the enforcement of compliance
Compliance is required
Legally, they must be given
Civic and Religious Obligation
They are not sanctioned