About Contracts, in General
The lawful act is the occurrence of the personal will of individuals, which the Mexican Government recognizes as consequences of law. One clear example of a lawful act is a CONTRACT, however, What is a contract?
The Civil Code in Mexico´s City, in its 1729th article defines in a broad way what a contract is. “The contract is an agreement between wills from two or more individuals so to create or transfer obligations”.
The contract as the main source of obligations is the cornerstone not just of the civil right, but the law as a whole. Is a source of obligations because through the contract a link and juridical bond is established among a lender and a debtor, with split roles so as to demand payment from the lenders part to provide, give, do or abstain from the debtor´s part.
All contracts are classified in different ways, which are shown now:
Unilateral contract: Is unilateral when one of the party is oblite towards the other without the first one been tied.
Bilateral contract: A contract is bilateral when the parties are bind mutually.
Onerous contract: Will be considered onerous when profits and levies are mutually stipulated.
Cumulative Onerous contract: Is when the services that both parts ow are true from the beginning of the agreement resulting in immediate profit ore levy from this contract.
Random Onerous contract: Is when the required service depends in the occurrence unknowingly wich makes unpredictable the gain of profit or levy, until such event occurs.
Free contract: Is that that the beneficiary is just one of the parts.
Consensual contract: Are consensual those act for which execution the law doesn’t require a special form, will and consignment is enough.
Real contract: Are those lawful acts that don’t just constitute with the will intention, they must be reinforced and accompany by the delivery of stuff.
Formal contracts: Are those which the law demands a certain form and as long as isn´t observed would not be valid.
Solemn contracts: Are those that for them to exist there must be the rites established by law.
Prep contracts: Is that in which the involved parties oblite themselves to a certain time to execute a future determine contract.
Definitive contract: Is that through which the definitive legal relation is settled.
Nominated contract: Is that one that considers the civil legislation.
Unnominated contract: Are those that don’t have a recognizable name by law, and wich will be regulated by their own nature.
Principal contract: Is that contract that exist by itself.
Accessory contract: Is that contract thst depends in a principal contract to its maintenance.
Adhesion contract: Is that one which its clauses is written by only one of the parties, without the other ones intervention, its contractual liberty is limited to manifest or not the acceptance of its stipulations to execute the contract.
Chain of a Title contract: Is that one which duration is determined by the object of itself.
Prefect Reciprocal contract: Is that one that generates mutual obligations for both parts.
Undetermined Duration contract: Are those in which a period is not set.
Determine Duration Contract: Are those that do establish a determine period.
For the existence of a contract there must be: (existence elements)
- The consignment of the involved parties; either explicit or tacit,
- An object that can be contact substance , that’s to say, the stuff that the debtor must do or don´t do, the object must exist in the natural world, be determine between the boundaries of its species, and must be tradable.
The absence of any of this points bring as a consequence the non-existence of the contract.
The contract can be overruled : (validity elements)
- Legal incapability from both or a single party.
- Vicious consignment.
- Because of its object, motive or mean been illegal.
- Because its form is not as depicted in the law.
If so a point were to be missed this will result in the relative or absolute annulation.
Contract budgets are:
- Disposition power: Is the faculty to act efficiently over a real estate equity,
- Legetamalization to contract: Is the integrated aptitude by the law and the will to acquire rights and obligations.