CLASSIFICATION OF CONTRACTS AND KNOWLEDGE OF THEM
Introduction
For many years, natural or legal persons in commercial, labor and other matters are constantly signing contracts, without knowing what the background is; both of the types that exist, the elements or requirements that must meet for their effective validity, among other issues. For purpose this essay has been created to deepen the aforementioned issues that tend to be important for the knowledge of the contracting parties. It is for this reason that in this document the existing mental lagoons of the parties will be reduced through documentary and normative support, websites and other bibliographic sources that allow the objective.
Developing
A contract is when there are two or more parts that by their own will seek to reach agreements mutually to comply with what they are having to do a certain service. In it, both rights and obligations are generated, in which both must respect everything stipulated, as agreed in the contract that has been signed, otherwise both parties must be subject to the conflict resolution mechanisms when there is a breach or disagreement by one of the parties
In order for a person to contract obligations and rights through contracts, he must have legal capacity and comply with the elements;Therefore he must be legally capable, he must consent to such an act without advertising vices, some such as error, strength and intent. The thing (object of the contract) must be licio and therefore the cause must have the same legal nature. All people who have fulfilled the age of majority are legally capable, except the insane, the impudents and the individuals who in a way cannot be understood or verbally or through signs.
Also, these contracts are classified as the following types:
Unilateral when one of the parties is obliged to comply with what has been arranged with the other that has no bilateral obligation when both sides that enjoy rights and contract obligations reciprocally. On the other hand we have the onerous in which there are levies and benefits, in which both parties have to sacrifice something certain, in which it is often money and the free ones in which the benefit has only one part, such as for examplethe case of the bailment on which it is based on the provision of an object on the condition of returning it in the same quality and status.
There are also the main ones, which are those that meet with all the requirements that make it unique and essential to guarantee the fulfillment of all the obligations agreed by the parties;And the accessories that unlike the previous one if it does not depend on itself so that they need to be regulated by other types of contracts to ensure that the person complies with what was ordered.
Subsequently, the real contracts can be appointed in which to comply with its essence, the tradition of the other part must be carried out;The consensual that depend on the fulfillment of a condition in which if carried out, it can be executed and enforced what is stipulated at the time, otherwise in any way it can be made effective and finally the solemn that must gather and therefore and thereforecomply with formalities established by law so that it can be valid and legal.
It is also necessary. The first thing is that they become essential in this type of acts and that if it is not carried out, they will lack any validity, the second is that it is not necessary to indicate why it is understood that they must be carried out and the third is the thirdthat do not exist but is at the request of the parties that create and annexes the already stipulated clauses that are special to demand compliance with what has been agreed and guarantee that everything is fulfilled.
In recent times there has been freedom for the parties to express verbally or written in a contract everything that is desiredThey help for their creation, so they must have a certain structure such as the title in which you will be specifying what type of contract is;Substantive body in which personal and relevant data of the parties will be detailed;Exhibition in which important backgrounds are explained;Regulatory body in which all the clauses that are available are detailed, closing where the signatures of the parties and annexes are recorded in the case of being necessary.
conclusion
For a long time, contracts have been confused to contracts as agreements, however it must be made clear that in the agreements the laws do not intervene and are oral unlike the other that are written complying with a series of formalities of lawand respecting their structure, requirements and components so that they can generate rights and obligations to the contracting parties.
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