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"One way you speak, otherwise you live ...." Even before Christ the Roman philosopher Seneca, stated this is reflected in the attitude to this day certain accusers.

SENECA

Famous Quotes

The biggest hindrance in life is waiting for the morning and the loss today.

matter much what you think of yourself that what others think of you.

is divided in three times the life: past, present and future. Of these, this is very short, the future uncertain, the past, right.

We dare not many things because they are difficult, but are difficult because we dare not make.

The language of truth should be, no doubt, simple and without tricks.

A man without passion is so close to the stupidity that just needs to open his mouth to fall into it.

who do not want to live, but between righteous living in the desert.

Friendship is always helpful, sometimes love hurts.

The height of unhappiness is afraid of something, when nothing expected.

Nature has given us the seeds of knowledge, not knowledge itself. Review

Philosopher Hispano. Belonged to a wealthy family in the province of the Roman Empire Andalusia. His father was a rhetorician of prestige, as dialectical skill was appreciated then by the Scholastics, and made sure that the education of his son in Rome include a strong background in the arts of rhetoric, but Seneca was equally attracted by the philosophy, receiving lessons from several teachers who started in the various forms of popular Stoic doctrine then in Rome. Embarked on a career politics, was a distinguished lawyer and was appointed quaestor.

His fame, however, upset Caligula, who was about to sentence him at 39. Going up the throne Claudio, 41, was banished to Corsica, accused of adultery with a niece of the emperor. Eight years later he was called back to Rome as tutor of the young Nero and when he succeeded Claudius in 54, became one of his top advisers, a post he held until, at 62, seeing his power diminished , retired from public life.

In 65 was accused of involvement in the conspiracy of Piso, with perspective according to some sources, succeed to the throne to Nero himself, he ordered suicide Seneca decision adopted as final release from the sufferings of this world, according to his own philosophy.

In general, his doctrine was that of the ancient Stoics, although in many respects, she joined her own personal vision and to the opposing school of thinkers such as Epicurus, who often quoted in terms Passing; made but this does not exemplify the eclectic spirit and synthetic characteristic of the "stoicism new" proper to its period, which was the greatest exponent.

Philosophy was for him a fundamentally practical matter, whose main objective was to direct men to virtue, informing them of the knowledge of the nature of the world and their place in it for that to make them capable of guiding their lives According to the divine. In this sense, logic and physics provide a foundation for ethics but do not take place, but are subordinate to it as they were already in ancient Stoicism, the latter, Seneca provides effort to persuade the duty applies to to act and think straight, rather than to prove the truth of a set of normative ethical statements.

It uses for this purpose vivid description of the benefits of virtue and the disadvantages of vice, on the understanding that all goods and evils of this world are transient self-sufficiency lies the true scholar, who, to get it, must free themselves from their emotions, judgments wrong about the value of things.

Seneca's moral tone is laden with religious accents are closer to theism and led to think about the possibility of being Christian, a fact he tried to prove through a supposed correspondence with St. Paul, who turned out to be apocryphal .

In his writings on natural science was, in particular the earthquakes and their relation to the volcanoes, but in general, collected the opinions of the ancients on various issues, added some interesting personal reflections, as the prediction of a future explanation of comets as true celestial bodies.

was also the author of nine plays, inspired by classical Greek models, which are, in fact, studies of emotional stress they are subjected to the characters, intended to be read rather than represented, likewise wrote a masterly and biting satire of the deification of the emperor Claudius.

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Lucius Annaeus Seneca "contracts of adhesion" and the problems faced by the consumer

PROBLEM.

is not nothing new since the codification of the Civil Code in 1855 by Don Andres Bello, which came into force on January 1, 1857, it took classical forms of recruitment.

Today we find that from the ideological revolution our society has been the product of open borders and global markets, standards have emerged, such as the Consumer Protection Act, which comes to innovation in greater depth the issues of supply and membership recruitment, highlighting the problems of modern society like ours today.

To the author, occurs first, the best position of the bidder (usually a company looking for consolidation or expansion of the market claim) and at the same time a crisis in the autonomy of will suffered by the contractor. We must remember that generally the teaching of these contracts are called contracts without a subject.

From the first name of "contracts of adhesion" doctrinal positions have emerged almost always found on the themes of nature, concept and legal characteristics. Some in favor of simplicity and others against, the latter is the thesis that protects the author.

is why they try to give a clear view of the problem, my position and finally the different perceptions that must address this problem, it will begin to unravel this complex web

CHAPTER 1 .- Contracts These definitions found in the Royal Academy of the English language, will allow us to get into the various meanings of this word.

About this term we can find various meanings,

1.1 .- Contract

This comes from the Latin contractus. " Covenant, or agreement, oral or written, between parties who are bound over matter or thing, and whose compliance can be compelled. Also called the document containing the terms of this agreement.

Types of Contracts:

... .. random. contract in which one of the benefits is a casualty or appropriate; p. eg., the insurance contract
bilateral
... .... Which gives rise to obligations between the parties.

... ... enclosed. Which, in case of dismissal, requires very high compensation

... ... commutative. bilateral contract in which mutual benefits are determined and in this sense is opposed to gaming contract.

... ... consensual. Which is perfected by mere consent.

... ... agency. Which, in return for payment, requires a professional or a business to promote, and if complete, continuously trading operations for and on behalf of others.

hire ... .... lease deal.

... ... sharecropping. The temporarily lease requiring a certain good in exchange for a share of the profits from their exploitation.

... ... arbitration. Commitment to submit to the decision of one or more arbitrators to settle a present or future dispute, we enforce the arbitration award and prevents known to judges and courts.

... ... lease, the lease is a contract whereby one parties, called landlord requires delivery of a thing to its counterpart, the lessee, has a name and place of the owner, and use and enjoy it, paying the landlord a fee for the same.
The price may consist of a sum of money paid at once or in a periodic amount, which in this case is called income.
... ... lease and driving. That by which a person is obliged to perform work or provide a service to another using a certain price.

exchange ... .... That by virtue of which someone receives a certain amount of money to be made available or who order delivery, distinct people, for which given letter or warrant.

... ... commission merchant. Which is to conclude a commercial transaction on behalf of others, where one of the contractors have the legal status of merchant.
commodate
... .... Loan for use, with the obligation to return the thing lent in a certain period.

... ... of sale, or purchase and sale ~. Which aims at delivering a particular thing in exchange for a certain price.

... ... brokerage. Which requires a party to provide or promote, in exchange for a commission, the conclusion of a contract between the other party and another party.

... ... checking account. Agreement between two traders who seeks the netting in a given date of reciprocal claims arising from their business relationships.

... ... bank current account. Which imposes an obligation to make bank payments and collections on behalf of his client.

... ... en participation. One for which a person contributes by providing capital in the operations of another, becoming a participant in its prosperous or adverse outcomes in the proportion that both determined.

deposit ... .... Agreement to ensure the custody of a chattel of others, which requires that the recipient's obligation to return the thing as required by the person making the delivery.

... ... irregular deposit. He who seeks money and involves the ability to make use of it and the obligation to repay an amount equal to that received.

... ... miserable deposit or deposit required ~. Which, to be imposed by law or by a situation of need suffered by the depositor determines aggravating the criminal liability of the depositary in the case of appropriation of the things stored.

... ... discount. That by transmitting a credit claim, usually expressed in a document, in exchange for a cash price calculated by a rebate or discount on the value of the claim at the time of maturity.

donation ... .... Which is formed by the free will to convey one thing to accept such a transfer

... ... bail. Which establishes the obligation to pay or enforced by a third party should not do this.

... ... location and driving. Mutual agreement under which obliges the owner of a thing, movable or immovable, to give someone the use and enjoyment of it by time determined by a price or service has to satisfy the recipient.

... ... of work. Which lasts until the end of a particular job.

... ... of redemption. Convention incidental to the purchase and sale agreement, whereby the buyer agrees to reimburse the seller for the thing sold, through recovery, within a certain time or without time limit, the price they gave for it.

... ... of society. Which requires two or more people to pool money, goods or services, to achieve a common goal, usually profitable.

... ... emphyteuticus. The commutative, by which a property owner gives the useful domain, reserving direct, in recognition of which require the payment of a fee period, which Laudemio for each sale of that domain, and sometimes other benefits.

... ... nameless. That no suit those who are named in the law, held the parties using the freedom to agree.

... ... expensive. Which involves some consideration

... ... perfect. One who has all the requirements for full legal

... ... real. He who for the birth of obligations requires not only consent, delivery of things like the simple loan, loan, pledge and deposit.

... ... synallagmatic. bilateral contract.

... ... trill. Combining ancient and simulated company contracts, transfer or purchase and safe, which involved a loan and was held to circumvent usury laws and interest rate.

... ... unilateral. That they are born obligations of the parties, as the loan or deposit.

... ... almost / quasi.


1.2 .- Treatment of contracts in our Civil Code: The convention is the agreement of wills that lies on any agreement that seeks to create, alter or extinguish any right, designed to produce effects, ie to regulate the rights of the parties. It was a bilateral or multilateral business since the contest required two or more wills. Is the gender with regard to contracts. The contract applies to any agreement of wills recognized by civil law, intended to create obligations enforceable civilly


Andrés Bello pose confusing contracts with the convention without separating the relationship of genera / species in them.

This possibly motivated by the time the code was dictated, as the dynamics of that time did not to this distinction.

This topic found in the articles that come in the following definition: Art


1438. Contract or agreement is an act by which a party undertakes to another to give, do or not do something. Each party may be one or many people. 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. 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 each other's benefit. 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. 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. Art

1443. The contract is real time, to be perfect, we need the tradition of the thing referred to, is solemn when subject to compliance with certain special formalities, so that without them does not produce any civil effect, and it is consensual when perfected by mere consent.

· consensual, is perfected by mere consent
· Royal: You must deliver the thing Tradition, use Loan, loan
· Solemn: Certain special formalities so that without them no civil effects


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 the the nature of a contract not to be essential in it, are understood to belong, without a special clause, and incidental to a contract are those that neither essential nor naturally belong, and which are added by means of special provisions.

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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 ....

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1.3 In summary 3 .- Main & Accessories (Art. 1442) Chapter 2 .-

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.

continuous

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