1.3.3 .- Main & Accessories (Art. 1442) Art
1442. The main contract when Subsisting itself without need for another convention, and accessories, where it is to ensure the fulfillment of an obligation, so that it can not survive without it.
Principal: whoever survives by itself, without any need for another convention.
Accessory: One who is to ensure the fulfillment of an obligation, so that can not exist without the principal obligation.
But what about the contracts that are ancillary to another but that does not seek to ensure compliance with an obligation? Is there an accessory contract as such?
The doctrine has called these ancillary contracts that ensure the fulfillment of an obligation or dependent contracts. It could be said to be "a kind of accessory contract," but in fact are not accessories because there is a bond, only a relationship of dependency. An example of these contracts are dependent on the marriage.
is important to note that no major ancillary contracts can not stand. Not that there may exist, because in fact there are no contracts accessories before there is the main contract and if the main contract did not exist, the accessory contract will subsist.
We must remember the legal maxim that says "This accessory is the fate of the main thing."
The effectiveness of a contract is measured by the outcome of this.
Good faith is the inner, concept of values \u200b\u200band morals, good customs, this is basic in our basic law and any contract must be the intention of the parties. Will
between two parties, consent, Will is in the Code of Commerce
1.3.4 .- Elements of the contracts
a) Essential (without which life is born to the right or degenerates into other different)
b) Nature (Belong to act without a special clause)
c) Accidental (not belong to neither essential nor act naturally, but are incorporated into this by special clauses) These are called modalities, forms or ways of being special legal acts
Here we find:
· Condition
· Deadline
· Mode
· Representation: What a person performs on behalf of another to be empowered by it or by law to represent it. The effects represented in the same way that if he had acted
Our Civil Code in its article asserts, Art
1444. Differ in each contract, the things that are of its essence, which are of their nature, and purely accidental.
are the essence of a contract for those things without which or no effect, or degenerates into another separate contract;
are of the nature of a contract, not to be essential in it, are understood to belong, without a special clause, and are accidental
a contract neither essential nor those that naturally belong, and which are added by means of special provisions. Effects related
: Only for parties.
Freedom of choice: Basic principle of the right of individuals.
The state contracts are subject because it is public and not private law therefore does not involve the freedom of choice.
1.3.5 .- Sources of contracts:
· Will
• The Law
· Interpretation of it. Art
1445. To compel a person to another by an act or declaration of will is necessary: \u200b\u200b1. who is legally capable, 2. consenting to the act or declaration and consent is not vitiated 3. falling upon a lawful object, 4. having a lawful cause.
legal capacity of a person consists in being able to bind itself, and without the ministry or other authorization.
requirements of the act
Existence and Validity
Will
Existence: The love inside of a wearer performing an act or contract, the voluntariness refers only to contracts but to all acts of bilateralism that have that character and all acts
Purpose: Subject matter and will be borne by an act of Dar do or not do,
object is a thing to be given or delivered or a fact that should / Cause
: Pothier, the cause is equal to the obligations, the reason of such act or contract, the classical doctrine considers that any act or contract requires as essential to its legal existence not only the expression of will and an object, but also a cause
tender solemnity Only when the law establishes validity
no vices
Capacity Will
Cause Lawful Lawful Purpose
1.3.6 .- legal capacity: Capacity
General Rule: the full capacity, but the legislature puts some obstacles for the purpose of protecting the performing certain acts or contracts which are not present discernment.
measures are Protection Code.
If it is you can have a relative nullity since it affects the state or quality of the parts.
1442. The main contract when Subsisting itself without need for another convention, and accessories, where it is to ensure the fulfillment of an obligation, so that it can not survive without it.
Principal: whoever survives by itself, without any need for another convention.
Accessory: One who is to ensure the fulfillment of an obligation, so that can not exist without the principal obligation.
But what about the contracts that are ancillary to another but that does not seek to ensure compliance with an obligation? Is there an accessory contract as such?
The doctrine has called these ancillary contracts that ensure the fulfillment of an obligation or dependent contracts. It could be said to be "a kind of accessory contract," but in fact are not accessories because there is a bond, only a relationship of dependency. An example of these contracts are dependent on the marriage.
is important to note that no major ancillary contracts can not stand. Not that there may exist, because in fact there are no contracts accessories before there is the main contract and if the main contract did not exist, the accessory contract will subsist.
We must remember the legal maxim that says "This accessory is the fate of the main thing."
The effectiveness of a contract is measured by the outcome of this.
Good faith is the inner, concept of values \u200b\u200band morals, good customs, this is basic in our basic law and any contract must be the intention of the parties. Will
between two parties, consent, Will is in the Code of Commerce
1.3.4 .- Elements of the contracts
a) Essential (without which life is born to the right or degenerates into other different)
b) Nature (Belong to act without a special clause)
c) Accidental (not belong to neither essential nor act naturally, but are incorporated into this by special clauses) These are called modalities, forms or ways of being special legal acts
Here we find:
· Condition
· Deadline
· Mode
· Representation: What a person performs on behalf of another to be empowered by it or by law to represent it. The effects represented in the same way that if he had acted
Our Civil Code in its article asserts, Art
1444. Differ in each contract, the things that are of its essence, which are of their nature, and purely accidental.
are the essence of a contract for those things without which or no effect, or degenerates into another separate contract;
are of the nature of a contract, not to be essential in it, are understood to belong, without a special clause, and are accidental
a contract neither essential nor those that naturally belong, and which are added by means of special provisions. Effects related
: Only for parties.
Freedom of choice: Basic principle of the right of individuals.
The state contracts are subject because it is public and not private law therefore does not involve the freedom of choice.
1.3.5 .- Sources of contracts:
· Will
• The Law
· Interpretation of it. Art
1445. To compel a person to another by an act or declaration of will is necessary: \u200b\u200b1. who is legally capable, 2. consenting to the act or declaration and consent is not vitiated 3. falling upon a lawful object, 4. having a lawful cause.
legal capacity of a person consists in being able to bind itself, and without the ministry or other authorization.
requirements of the act
Existence and Validity
Will
Existence: The love inside of a wearer performing an act or contract, the voluntariness refers only to contracts but to all acts of bilateralism that have that character and all acts
Purpose: Subject matter and will be borne by an act of Dar do or not do,
object is a thing to be given or delivered or a fact that should / Cause
: Pothier, the cause is equal to the obligations, the reason of such act or contract, the classical doctrine considers that any act or contract requires as essential to its legal existence not only the expression of will and an object, but also a cause
tender solemnity Only when the law establishes validity
no vices
Capacity Will
Cause Lawful Lawful Purpose
1.3.6 .- legal capacity: Capacity
General Rule: the full capacity, but the legislature puts some obstacles for the purpose of protecting the performing certain acts or contracts which are not present discernment.
measures are Protection Code.
If it is you can have a relative nullity since it affects the state or quality of the parts.
in the following publication ....
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