Contract Types: Transfer of Ownership

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10 Questions

In a sale contract, what is the obligation of the seller?

To transfer the possession of the property sold to the buyer

What is the main difference between a barter contract and a sale contract?

The absence of a price in a barter contract

What is the main characteristic of a donation contract?

It is an inter-alive legal transaction without consideration

In a lease contract, what is the obligation of the lessee?

To pay the agreed rental fee

What is the main difference between a borrowing contract and a lease contract?

The payment of a rental fee

In which type of contract is the product/result more important than the service/performance?

Undertaking Contract

What is the main difference between a mortgage contract and a pledge contract?

Mortgage contract is for immovable properties, pledge contract is for movable properties

In which type of contract is the client's instruction and order right more prevalent?

Proxy Contract

What is the main characteristic of a suretyship contract?

The guarantor is secondarily responsible for the debt

Comparing the three contracts, which one gives the worker/service provider the most independence?

Proxy Contract

Study Notes

Contract Types Aiming for Transfer of Ownership

  • Sale Contract: transfer of ownership and possession of property to the buyer in exchange for a price
  • Barter Contract: exchange of one property for another without a price; rules of sale contract apply
  • Donation Contract: transfer of assets from one person to another without consideration, an inter-alive legal transaction

Contract Types Aiming for Usage of Property

  • Lease Contract: lessor allows lessee to use a property in exchange for a rental fee
  • Borrowing Contract: owner allows another party to use a property without payment, with the obligation to return the property without harm
  • Loan Contract: lender provides money or consumable goods, borrower returns something of the same quality and quantity, interest may be claimed with prior agreement
  • Labor Contract: employee works for an employer, receiving payment according to duration and work done
  • Undertaking (Work) Contract: contractor produces a work, client pays a price, product/result is important
  • Proxy Contract: proxy performs a task for a principal, price is optional, service/performance is more important than product/result

Contract Types Other Contracts

  • Suretyship Contract: guarantor takes personal responsibility for the debtor's debt, secondary responsibility, personal guarantee
  • Mortgage Contract and Pledge Contracts: established for guarantee of an obligation, mortgage for immovable properties, pledge for movable properties, property-based guarantee
  • Partnership Contract: establishes simple (ordinary) companies

Learn about different contract types, including sale contracts, barter contracts, and donation contracts, and how they relate to the transfer of ownership and possession.

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