Contract Law Basics and Principles

Creating new obligations, modifying existing obligations, transferring existing obligations, and extinguishing existing obligations.

Through a secondary contract that alters specific elements of the original agreement.

It allows one or both parties to change their roles or responsibilities in the agreement.

<p>When the original contract does not specify conditions for its termination.</p> Signup and view all the answers

<p>It refers to the right of individuals to choose whether to contract, whom to contract with, and to set the contract's terms.</p> Signup and view all the answers

<p>Yes, parties can create new obligations, such as through a sale or service agreement.</p> Signup and view all the answers

<p>The parties may still change their obligations through a contract despite tort law obligations.</p> Signup and view all the answers

<p>A stipulation within the contract itself that specifies termination conditions.</p> Signup and view all the answers

<p>The sale is perfect between the parties as soon as they agree on the item and the price, even if the item hasn't been delivered or the price paid.</p> Signup and view all the answers

<p>The buyer suffers the loss if the sold item is damaged before delivery.</p> Signup and view all the answers

<p>A judge can decide whether a provision is mandatory or non-mandatory if the lawmaker does not specify it.</p> Signup and view all the answers

<p>A title retention clause allows the seller to remain the owner of the object until fully paid for it.</p> Signup and view all the answers

<p>Contractual freedom allows parties to set their terms but does not permit deviations from rules concerning public policy.</p> Signup and view all the answers

<p>Article 1103 states that legally formed contracts have the binding force of legislation for the parties involved.</p> Signup and view all the answers

<p>Yes, if there is a title retention clause, the seller remains the owner even with partial payment.</p> Signup and view all the answers

<p>An example is the prohibition of selling expired medication, which is a matter of public policy.</p> Signup and view all the answers

<p>Mandatory provisions must always be followed, while non-mandatory provisions can be altered by parties' agreement.</p> Signup and view all the answers

<p>Such a clause would be void and ineffective because it contradicts the mandatory provision's requirements.</p> Signup and view all the answers

<p>An example is art. 1583, which states that property transfer is immediate unless altered by a title retention clause.</p> Signup and view all the answers

<p>In such cases, only the courts have the authority to determine whether a provision is mandatory or not.</p> Signup and view all the answers

<p>All contracts, regardless of specific naming, must adhere to general rules established in the Civil Code.</p> Signup and view all the answers

<p>No, parties are not limited to specific contracts and must maintain the freedom to create agreements as they see fit.</p> Signup and view all the answers

<p>A title retention clause allows a seller to retain ownership of a good until full payment is received, despite immediate transfer provisions.</p> Signup and view all the answers

<p>Classifying provisions helps establish clear expectations and standards for contractual obligations among parties.</p> Signup and view all the answers

<p>Only the party that the legislation intends to protect may claim relative nullity.</p> Signup and view all the answers

<p>The renunciation of one party does not prevent the other parties from bringing proceedings for relative nullity.</p> Signup and view all the answers

<p>Confirmation of the contract by an affected party renders it valid, removing the possibility of relative nullity.</p> Signup and view all the answers

<p>Only the party whose interest is at stake can confirm the contract.</p> Signup and view all the answers

<p>Vices of consent refer to issues like fraud or duress that may affect a party's ability to agree to the contract.</p> Signup and view all the answers

<p>Article 1182 states that confirmation is an act by which a party waives the right to claim nullity.</p> Signup and view all the answers

<p>A party might confirm a contract for a wooden table despite realizing it is not made of wood because they are satisfied with the quality.</p> Signup and view all the answers

<p>Confirmation can only occur after the violence has ceased.</p> Signup and view all the answers

<p>An offer under Art. 1114 includes the essential elements of the envisaged contract and expresses the offeror's intent to be bound upon acceptance.</p> Signup and view all the answers

<p>If an essential element such as price is missing, the offer cannot be considered valid, and there is no binding agreement.</p> Signup and view all the answers

<p>An invitation to negotiate lacks the intent to create a binding agreement and does not include all essential elements of a contract.</p> Signup and view all the answers

<p>The offer must clearly express the offeror's will to be bound by the acceptance to form a valid contract.</p> Signup and view all the answers

<p>Yes, in an exchange contract, the offer remains valid even without a specified price, as it is not an essential element.</p> Signup and view all the answers

<p>If the offeror changes their mind and did not clearly express a binding commitment, there would be no breach of contract.</p> Signup and view all the answers

<p>Clarity is essential to ensure that the offer is understood as valid under Art. 1114, preventing misunderstandings.</p> Signup and view all the answers

<p>The communication wasn't an offer because it lacked essential elements, notably the price, which is necessary for a sale contract.</p> Signup and view all the answers

<p>To compel the parties to take action within six months to either confirm the contract or seek nullity.</p> Signup and view all the answers

<p>Only the affected clauses are void, while the rest of the contract remains valid.</p> Signup and view all the answers

<p>The entire contract is void if the null clause constituted a decisive factor in the commitment of either party.</p> Signup and view all the answers

<p>The party must prove to the judge that the void clause was a determining element for their commitment.</p> Signup and view all the answers

<p>It establishes a clear deadline for parties to ascertain the status of the contract, promoting decisiveness.</p> Signup and view all the answers

<p>It means that the clause does not have legal effect, potentially allowing for the contract to remain valid.</p> Signup and view all the answers

<p>The law may require maintaining the contract if it serves the purposes of the rule that was not followed.</p> Signup and view all the answers

<p>It dictates whether the whole contract is voided or only the specific clause is affected.</p> Signup and view all the answers