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In short contracts are legal acts which a person is obliged to give another to do or not do something. The contract does not extinguish the obligation, to his rights and obligations arise. Art
1438. Contract or agreement is an act by which a party undertakes for another to give, do or not do something. Each party may be one or many people.

Regarding your reference to parties, either party may be one or more people. Section 55. They are people all individuals of the human species, whatever their age, sex, race or status. Divide in Chile and abroad and on the other things are of type material (tangible and intangible)

Article 565. The assets consist of tangible or intangible. Body are those with a real person and can be perceived by the senses, like a house, a book. Intangible consisting merely of rights, such as credit, and easements active.


1.3 .- Our legislation Contracts can be classified as follows: 1.3.1 .-

Unilateral and Bilateral (Art. 1439) Art

1439. The contract is unilateral when one party is obligated to not contract with another obligation, and bilateral, when the contracting parties obligate themselves reciprocally. Unilateral

: Those in which one party undertakes to the other that no liability whatsoever, for example, mutual, deposit, bond, etc. Bilateral

: Those contracts which the contracting parties mutually undertake, for example, the sale, lease, etc.

The importance of classification in unilateral We appreciate bilateral in three situations, namely:

Regarding the conditions precedent, the majority opinion that the doctrine operates only in bilateral contracts.

know that "the failure to pay the arrears purge." That is, while some do not, or not to fulfill their duty flat, the other is not in default. Accordingly, the contract is not fulfilled except operates only in bilateral contracts.

On the theory of risk, hazard problem exists only in the bilateral, unilateral because the general rule applies that is when things die for their owner.

1.3.2 .- Free and Onerous (Art. 1440 and 1441) Art

1440. The contract is free or charity when only concerns the usefulness of a party, the other suffering the charge, and costly, where it is to the utility of both Contracting taxed to benefit each other. Art

1441. The onerous contract is commutative, where each of the parties undertakes to give or do something that is regarded as equivalent to what the other party must give or do turn, and if the equivalent is a gain contingency uncertain or loss, is called random. Free

or charity: those that only concern the usefulness of a party, suffering the other, a lien, for example, the grant contract. Generally, unilateral contracts are free. Onerous

: those that concern the utility of both Contracting taxed to benefit each other, for example, the sales contract, lease, etc. Generally bilateral contracts are onerous.

onerous contracts are sub classified into: (According to Provision)

commutative: the contract is onerous when each party is obligated to give, do or not do something that is regarded as equivalent to what the other party must, in turn, give, do or not do something. Random

: Those in which the equivalent for a party is in the "alia", which is an uncertain contingency gain or loss, for example in the insurance contract, the annuity contract, etc.

The importance of classification in free and expensive, we can appreciate in the following situations:

For purposes of pauliana action if the contract is free, require only fraud by the debtor, but it is expensive, fraud should be on the debtor and the third.

For determining the degree of guilt for the execution debtor, if the contract is onerous is liable for ordinary negligence. If the contract is free stands for whose benefit the contract.

If only see the benefit of the debtor, responds very slight fault.

If you just look for the creditor is liable for negligence.

Generally, contracts are intuito personae free while they are not expensive.

Sanitation of eviction is appropriate only in onerous contracts.

The importance of commutative and random classification can be seen in the following cases:

enormous respect of the injury, it only comes in commutative.
On the theory of unpredictability, it only comes in commutative.

continued on next post ....