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THEORY OF CONTRACTS AND COMMERCIAL CONTRACTS (features (Exchange contracts…
THEORY OF CONTRACTS AND COMMERCIAL CONTRACTS
types of contracts
Commercial commission, Commercial deposit, loan
commercial, sale and trade swap, transfers of
Commercial credit, business consignment and contract
merchant transport
contract: The contract according to article 1793 of the Civil Code for the Federal District, is a kind of agreement that produces or transfers rights and obligations
Author Juan Gómez Calero quotes Broseta stating “the commercial contracts contained in the Commercial Code differ from civilians of the same name and nature contained in the Civil Code, by the presence of a merchant in one of the parties
Important points.
In our Mexican law there is no sharp and forceful separation between civil and commercial laws
In terms of contracts and obligations there are no essential differences, except for some peculiarities
The mercantile will be guided in everything related to general civil rules. As established by article 2. of the Commercial Code.
In the mercantile they will only highlight some characteristics or accidental circumstances.
It is a contract whereby the mutual is obliged to transfer ownership of a sum of money or other fungible things to the mutual who undertakes to return the same of the same species and quality
LEGAL NATURE
The commercial contract is a kind of agreement, we already know that this is an agreement of two or more wills to create, transfer, modify or extinguish obligations, according to article 1792 of the Civil Code for the Federal District and 1793
Buying and selling on sample and on qualities. 2. Sale of generic things. 3. Purchase and sale related to maritime trade and to internal or external navigation. 4. Purchase of documents. 5. Buying and selling of things in the course of the route. 6. Free sale on board. 7. Sale on the side of the ship. 8. Buying and selling packed or packed things. 9. Stock sales. 10. Buying and selling of consumer goods. 11. International sale of merchandise. 12. Buying and selling money. 13. Sale of ships and aircraft. 14. Purchase of electricity. 15. Purchase and sale of works.
features
Exchange contracts.- that is, those that carry out the circulation of wealth, through which they provide the public with goods or services, in the classic expression of du ut des (giving one good for another).
Auxiliary or collaborative contracts, that is, those in which one of the parties contributes to the development of the activity
Forecasting contracts, in which, to anticipate the economic consequences of the realization of a risk,
Contracts for custody or custody, deposit and banking service of safe deposit boxes.
Credit agreements, one of the parties transmits to the other an economic value with the postponement of the corresponding consideration
Guarantee contracts such as bond, mortgage or guarantee trust. ”
Types of commercial loans.
a) Money loan.
THE MERCANTILE LOAN.
It is a contract whereby the mutual is obliged to transfer ownership of a sum of money or other fungible things to the mutual who undertakes to return the same of the same species and quality