EFFECTS OF CONTRACTS: THE OBLIGATION
Def: It is the result of legal development starting in Roman times, where the obligation was already
considered to be a legal bond. The Civil Code only describes its contents.
< ART.1088 CC. every obligation con
PERFORMANCE OF OBLIGATIONS
It is the most common way to extinguish obligations.
For everyday language, payment means the delivery of a sum of money.
For Civil Law, payment means:
- the fulfillment of the duty of performance agreed by the p
WAYS OF EXTINGUISHING OBLIGATIONS OTHER THAN PAYMENTS
According to the ART. 1156 CC, the obligations are extinguished by:
- Their payment or performance
- The loss of the thing due
- The remission of the debt
- The confusion of the rights of credit
NON-PERFORMANCE OF OBLIGATIONS
Non- performance of an obligation occurs when the right of the creditor is not satisfied because the performance
due does not take place.
We can distinguish different kinds of non-performance depending on the quantity
NON CONTRACTUAL OR CIVIL LIABILITY
DEF: it arises when there is no contractual relation between two or more persons, but one person suffers
harm as a consequence of an act or omission of other.
< ART. 1902 CC says that a person who by an act or om
INTERPRETATION OF CONTRACTS
- Def: It is to ascertain the sense of the stipulation of a contract.
It has to be interpreted when its contents are not straight forward, when the will of the parties is not clear as
to what they wanted when they wrote
CONTRACTS IN PARTICULAR
Due to the principle of autonomy of will, the parties are free to establish whatever stipulations they
find appropriate to rule their relation, but, if the parties have not provided in their contract for a
Matrimony is the core of the family law.
This branch of the law covers the necessary requirements to marry and all the repercussions of
matrimony for spouses, in their civil status, in their economical situation.
ECONOMICAL SYSTEM OF MA
Contract is an agreement between 2 or more persons which creates rights and obligations between them
which are subjected to economic valuation (be able to be converted into an economic value).
(Ex: ticket for a football match, payment for
CONTRACTS IN PARTICULAR 2
PROVISION OF SERVICES:
By the contract of provision of services one party is obliged to render a service in favour of the other
party who pays for it a certain price.
- They are called contracts of
LAW OF PERSONS
Law regulates situation in which persons are involved in order to organize their interests and avoid conflicts
arising from patrimonial legal relations.
Personal right is the right to life physical and moral integrity, followed by eq
THE THINGS AND THE GOODS. REAL RIGHTS
DEF: goods are a valuable object of a material or immaterial nature which can be dominated or subject to
approportion by men.
The patrimony is made of rights and obligations. The goods are the content of the p
PRIVATE PROPERTY. REAL RIGHTS OF GUARANTEE
- It is the right to enjoy and dispose of a thing with the only limits established by law.
- The right of property grants the broadest powers over the thing. The owner of a thing has its
LAW instrument to organise the society
It is a system of legal rules established to regulate coexistence imposed by the controlling authority.
< the more complex a society, the more complex its legal system >
Legal fields such as Civil Law, Commercial Law