Concept in Definition ABC
Miscellanea / / July 04, 2021
By Gabriel Duarte, in Nov. 2008
A contract is a legally recognized private agreement between parties. The parties that can participate can be physical or legal. Each country has its own order regarding this topic, more generally similarities prevail over differences.
There are multiple and different situations in which two persons (natural or legal) have the need to establish contracts. In itself, we could say that, even when they are not written, there are many situations in which we establish “contracts”. And if not, think about when you agree to do someone a favor and make a condition of how the other person should return that favor. That would be the primary or primitive way to make a contract. However, when material goods are at stake, and even more so between unknown persons, or between legal persons (companies, for example) and individuals, it is necessary to go one step further on the issue of contracts, and then they are made explicit, written.
Contract utilization can be traced back to civilization roman
. In this context, true contracts can be distinguished from quasi-contracts, the former being express agreements between parties, while the latter were tacit agreements. One can also distinguish unilateral contracts, which were binding on one of the parties, from bilateral contracts, which bound both. Some existing contracts in Rome were: transactio, which was an agreement in which the parties agreed out of court not to pursue a dispute; aestimatum, which consisted in a party receiving objects to sell or return them after a time; depositum, which was a deposit that the depositary had to return when required by the depositor; locatio conductio, which was what is known today as lease or rent; pignus, which consists of a pledge in which a debtor delivers as payment to the creditor the performance of a certain act or service; societas, which was a contract in which two people to share profits and losses on a task.¨For example, people can enter into contracts with each other when leasing or renting a house or department, when a company hires a person to work within its staff, when you request a public service or private (network of Internet, electricity, drinking water, natural gas, telephone service, subscription television, satellite television, among others). Other well-known contracts in recent times are pre-nuptial contracts, where the future spouses declare before a judge their assets that they own as single people, and they can even agree that property that may be divided in the event of divorce will not be those that are earned or acquired while they are in marriage. Even currently for volunteer activities, contracts are also made when a person decides to volunteer in organizations civil or non-governmental, and it establishes a series of guidelines related to this type of “work”.
The contract meets the conditions of everything legal act. A) Yes, The people involved must consider themselves capable and must offer their consent free from any pressure, with any marketable object being the object. In addition, it can be oral or written. In the case of being written, its parts include: qualification, which indicates the type of contract; body noun, which points to the parties; exposition that links relevant events; normative body, which includes the normative clauses; closing, which consists of a formula that shows how to carry out the agreement; and finally, the annexes, which explain some aspects of the contract.
The contracts can be temporary, and in that case, the duration or period of time of the situation in question (work activity, rent, etc.) is established, or it can also establish that, the contract will be without effect when one of the two parties decides to terminate it, and may even have to respond to special obligations before such case. For example, in the case that an employer decides that an employee should not continue in his job, must comply with a series of obligations such as payment of compensation, advance notice, justify causes (or not, as it depends), among others.
In general, it can be said that a contract is the legal representation of a natural disposition of man to agree with his, as well as different agreements that represent mutual benefits. The large one tradition This legal form, which goes back thousands of years in time, seems to support this idea.
Contract Topics