Principles of civil law

RELEVANT CONTRACTS

That the Source of obligationTo therequires the nsoThe law sets forthSUBSTITUTION OF A NEW DEBTOR -ORIGINAL DEBTORACCEPTANCE of the creditor ear UNLAWFUL ACTSatth-ForIn the absence of anTheIs notfrom their explicit acceptanceOriginal debtorObligation Discharged - Which is Of producing (E.g. unjust enrichment)ANY OTHER ACT OR FACT Capable Obligations under the law.i.ethey areWith theOf the For the Obliged “in solido”new debtorPerformance due Carrying out reas Having as theirn Ao of economic evaluationtia Legal duties objectig PERFORMANCE CAPABLElThat is obCIRCULATION OF RIGHTSPf credit -- “a debtor is liable with all of her present and futureArticle 2740 c.c.Many shapes property for the performance of her obligations”aisOfWhich takes on erdnu-Fundamental aspectSociety To performin should the debtor fail Her obligationotherAnd forms wordsobligations and liability ACan assign their may bring anEven without the Against the To satisfyCREDITOR

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itrapays has to be to enPerformance carried out SEVERAL CREDITORS of refers to a Of distinct Originating from a plurality performances Plurality Obligations FUNDAMENTAL OBLIGATION Of the Entire obligation Demand performance oftWhen among peach has the eTo nco“IN SOLIDO” distinctSeveral creditorsRight c thee inAndwith respect to The Obtained by th-the obligati our exampall the other creditors Debtor One of them discharges Performance ons le to deliver a- And separateis the fundamental obligation Speci c thing originatestheonif theIs NOTOnly of their Each creditor has the Though Obligation for To Until deliverycontraryobligationShare of the obligation Right to demand satisfaction “IN SOLIDO” Related the debtor Safeguard itPlurality of creditors Has as subject mattersA single obligation 2 or more performancesJointlaw asescrehtoni- thisotherwiseProvided Is thein the case of occursUnless the plurality of performances-whereas wherethe parties theAnd several liability To

Rule One of the Plurality of debtors (ALTERNATIVE OBLIGATION) debtor is obliged Perform 2 specified performances Or the is By one of the in-ins obligations Debtor Discharged performing 2 or more obligations pplie alteraoppositethe native creditors Of The case of plurality the choice To the General rule Is up debtor as a Of a it Sell Co-owners thing U nless the To or to a ife Parties attribute it the creditor third person-hence ach one of them Their Of the unless otherwise Provides - Can claim Share The contract price agreed upon a an lt Of an note Could rnative Form the object Obligation (ORIGINAL IMPOSSIBILITY) Must be Between Is is one of the e Divided is like w Obligation Considered simple 2 performances Is Monetary or becomes If something jointly owned Damaged compensation Impossible (SUPERVENING IMPOSSIBILITY) and To the Respective co-owners Paid Will therefore the other may be characterized a Debtor Have to perform Obligation As a legal relationship Plurality of persons - The of one of the Is-the oblig

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theDebtorThe entire performanceRESPECTIVE SHARE each of the other debtors Is From Should the Become For a To the debtorDebtor discharged performance Performance Impossibile Cause not imputableB)GivesToher own only WhenShalldebttheof The obligationriserespective share Discharge Each debtor LIMITED LIABILITYfi fi fififi fi beNeeds toIn aBy the Only when ContractMadeSPECIFIC FORMLEGAL SYSTEM this is required - aand/or theCreation of ownership mosttheConcernsFor the Important casecontractsTransferand/orOverimmovable goods Property interests FormNULL sasecsuch-inisAnd AVOID An oral contractThat they have theEntered in the contract AndCannot prove by PartiesWitnesseswaswhatandIts content -Is a(Totally CANot influenced by by UScontractvery CONTROVERSIAL ELEMENTUnknownthe french Civil code) systems A of article- Defines a as: “An agreement between 2 or more parties to create, regulateth 1321 c.c. CONTRACT or extinguish a legal relationship having an economic content”e Elements of

A contract is defined as the "agreement" of the parties. Traditionally, the social and economic function itself is only one of the essential elements of the agreement.

The "causa" is the specific goal made possible by the agreement, which refers to Article 1325 of the Civil Code.

The object of the contract is the concrete test through which the parties show their rights and obligations.

The form of the contract is simply the will of the parties to make it legally binding.

The legal content of the contract is provided by the missing elements, if any, which are defined by the parties.

The mutual consent of the parties is fundamental for the conclusion of the contract.

For example, if the causa or object is illegal or impossible, the contract is null and void.

Fire prior The sale of a house is void if it is not defined in a written contract or if there are any oral contracts without the parties' agreement. Even if the object is not defined, the contract can be valid if the parties refer to it by the performances or gestures (e.g. raising a hand to identify the goods provided in a vending machine during an auction). The validity of the contract is determined by objective criteria and can be entrusted to a third party to do so.