Commercial obligations

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  • Publicado : 7 de octubre de 2010
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INDEX

Outline……………………………………………………………………………………………3

Introduction………………………………………………………………………………………4

Contract (Definition)……………………………………………………………………………..4

Contract Elements………………………………………………………………………………..4

Contract Function………………………………………………………………………………...5

Contract cause……………………………………………………………………………………5

Subjects…………………………………………………………………………………………...5

Commercial Obligation(Definition)……………………………………………………………..6

Kinds of Commercial Obligations………………………………………………………………..6

To give, to do and not to do………………………………………………………………………6

Pure, Conditional and by Term…………………………………………………………………..6

Conjunctive and alternative………………………………………………………………………7

Joint and Solidarity……………………………………………………………………………….7

Divisible and indivisible………………………………………………………………………….8Commercial Obligation’s accomplishments………………………………………………….......8

Commercial Obligation’s non-compliance……………………………………………………….8

Conclusion………………………………………………………………………………………10

Footnotes………………………………………………………………………………………..11

Bibliography…………………………………………………………………………………….12

Outline

COMMERCIAL OBLIGATIONS

1. Introduction

1. Legal relation (Contract)

1. Contract elements1. Consent

2. Object

3. Form

2. The function of the contract

3. Contract cause and Obligation Cause

2. Subject

1. Debtor

2. Creditor

2. Concept (Commercial Obligation)

3. Kinds of commercial obligations

1. To give, to do and not to do.

2. Pure, conditional and by term

3. Conjunctive and alternative

4. Joint andsolidarity

5. Divisible and indivisible.

4. Obligation’s accomplishments

5. Commercial obligation’s non-compliance

1. Mora

2. Damage and harm

3. Penal Clause

1. Invalidity

2. Grief

5.4 Force majeure

6. Conclusion

Commercial Obligations

1. Introduction.

The intention of this investigation is to know depth what is a commercialobligation. In order to be able to understand in what they consist we must also understand what is a legal relation (a contract), since it is an important element of the Mercantile Obligations.

1.1 Legal relation (Contract)

We have to define contract like an agreement in which they are transmitted obligations and rights of mercantile nature are generated. Or as Pina Varaestablishes it, “contract is the agreement between two or more people than produce or transfer obligations and rights.” 1. A contract is a form of species of the sort agreements. The agreement is as well a species of legal transaction that is the manifestation of the will to produce legal effects.

1.1.1 Elements of the Contract (consent, forms and object)

For the existence of the contractthree elements exist that are: consent, object and form. Which are explained next.

1.1.1.1 The Consent.

Consent means agreement of wills and is the essential element of the contract, must be free, this is without vices (error, violence, dolo, bad faith) reason why a person gives her approval to celebrate a contract. The consent consists, according to Borja 2, “in the agreement oftwo or more wills on the production or transmission of obligations and rights, being necessary that these wills have an outer manifestation.”

A consent can be tactical or express. When this one appears of verbal way, with unequivocal signs or of written way, it will be considered as an express consent. However it will be considered tactical when facts or events exist that put in front orthat authorize to presume it.

1.1.1.2 The Object

The object talks about in order it obligation, and the object of contracts, according to article 1824 of the Civil Code, is: the thing that the forced one must give, and the fact that the forced one must do and not do.

The thing object of an obligation must satisfy the following requirements:

a) To exist in the...
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