Contract Law: Types and Characteristics

A contract is an agreement between two or more parties to establish rights and obligations regarding a good, service, or condition, and it can only be written to be legally binding.

For a contract to be valid, all parties involved must voluntarily agree, and the subject of the contract must be legal.

A minor or someone mentally incapacitated can fully enter into a contract without parental consent.

In unilateral contracts, all parties have both rights and obligations, unlike bilateral contracts where only one party has an obligation.

Consensual contracts require a specific form to be valid, whereas formal contracts are valid with just the consent of the parties.

A sales contract involves an agreement where the seller commits to deliver a good in exchange for a determined price from the buyer.

In a sales contract, the object of the sale can only be movable property, like cars, but not immovable property such as houses.

For a sale to be valid, the price needs to be clearly and concretely determined but doesn't necessarily need to involve an exchange of goods for money.

If you buy an appliance in a store and pay immediately, a contract is always required, differing from financing, where it's optional.

When purchasing an item in installments, a financing contract is unnecessary if the payments are directly made to the store, not to a separate financial entity.

According to the document, a lease (arrendament financer) allows enterprises or self-employed to rent an item with the option to buy it in the end, and the person is the owner since beginning.

According to the document, 'rènting' and 'arrendament financer' are the same: In both one pays every month for a duration of time, and the ownership of the property is never given.

In civil sales, the regulations are in the 'Codi Civil', from the articles 1445 to 1500, and it applies in professional contexts.

In sales of goods from an enterprise to a particular in a commercial context the code 'Codi de Comerç' applies, because that code oversees enterprise and client relationships.

According to the document, if the seller does not deliver the sold object on time, the buyer cannot do anything about it

The seller can't sell a product if there's no guarantee that the sale is valid, because otherwise the buyer can claim money.

According to the document, the seller has the right to be paid the agreed price on the conditions that the sale determines.

According to the document, if the buyer and seller agree to pay and receive the object by the agreed terms, but buyer doesn't want to receive it anymore the buyer can't do anything about it.

According to the document, when a sale agreement is written, it must specify who are the parts agreeing, but not their personal data, because it is not necessary.

When there's a sale agreement to be fulfilled, all sale types do not need to have warranty from the seller, this is optional.

When the buyer doesn't pay in the agreed time, the vendor can't do anything and the contract still prevails.

If the jurisdiction of the parties in Barcelona and the agreement it is in Catalunya, it can be judged with laws from Madrid

Sale by installments or 'a terminis' is one in which the buyer pays in fractions, and this is not usual for electro domestics or cars and is more usual on groceries

When buying something by installments, if the buyer doesn't pay a month can be asked to go to court, because is breaking the agreement

According to the document, in a sale by installments agreement the seller has the obligation to allow deliver and to receive payment.

According to the document, if the buyer doesn't comply with paying some of the quotas of a product sold by installments the seller can't ask by the pending debt to the courts, because is a civil matter.

In the exercise explained in the document, if the store sells a bycicle for 400€ and the commission is 60%, then 60% is for the store and 40% for the fabricator since the store should have a benefit.

Object of contract, price, and data of delivery are not necessary fields in sale by installments agreement and they're specified apart.

In a supply agreement, the parts agreeing are the fabricator and the product, because they negotiate directly.

According to the document, the buyer is obligated to pay the supplied goods in the agreed terms and ask for the supplied materials to be top quality compared to the contract's description

The estimated contract, or sale on consignment, is when the store pays immediately for the products, and therefore the ownership of the products ends to the store

The shop, with 'dret al dret de retornar els que no hagi venut en un període determinat.' means that can return the not sold items in a period to be determined.

According to the document and translation, agreements can be made between a carrier and a client to move products or people from one place to another.

In a transport agreement, the objects of the contract are the merchandise or people and is important to specify the price and form of payment, because liability in case of loss isn't important.

An agreement is made where a seguros enterprise says that they're promising to cover a risk is commonly known as assurance agreement

In an assurance agreement is important to the enterprise and which type of transport is used but is not important to define the types of assurances because all transports are the same

Leasing agreements are when a company is using a good by paying monthly quotas, and is not optional to buy at the end of the period of time.

A renting agreement is similar, but is an option to buy, the enterprise pays a fix quota to the use of object, and is not included support and assurances.

In a renting agreement is normal to include clauses like duration of contract, mensual amounts and services which is similar to a leasing agreement, but what is not considered is the limit of kilometers, because doesn't matter the mileage.

Factoring is an agreement where an enterprise gives pending invoices to a financing entity, and this one is charged to manage the charge in exchange of commission

A factoring agreement with recourse indicates that if the final client doesn't pay the invoice, the original enterprise doesn't continue to be responsible for the debt

Forfaiting is one financial operation used above all in exports because the enterprise is selling credits to a financial entity who assumes the risk of not being paid.

What is a contract?

Consent in a contract?

Objecte lícit?

Capacitat?

Forma?

Contractes unilaterals?

Contractes binaries?

Contractes consensuals?

Contractes formals?

What is a contracte de compravenda?

Objecte de la compravenda?

Preu determinat?

Parties contractants?

Objecte del contracte?

Consentiment de les parts?

Capacitat?

Objecte licit i determinat?

Contract absence

Contract needs

Compravenda Civil?

Compravenda Mercantil?

Obligations of the venedor

Garantir que el producte està lliure de vicis ocults?

Transferir la propiedad

Rebre el preu acordat

Exigir el compliment del contracte

Pagar el preu d'acord

Rebre el bé obejecte

Rebre el producte a les condicions pactades?

Exigir responsabilitats si el producte té vicis ocult?

Identificació de les parts?

Descripció del producte?

Preu i condicions?

Data i lloc de lliurament?

Garanties?

Clausules de resolució?

Legislació Aplicable i jurisdicció

Contracte de compravenda

Contracte de suministro

Contracte estimatori?