Notes on civil law and contracts

The contract in general:

It is the agreement of wills, it is also the consent of two or more people, to form a commitment in them, to resolve an existing one or to modify it.

The contract is a convention by which the two parties reciprocally or only one of the two promise and are bound to the other to give him one thing or not to do a certain situation. It is worth mentioning that the contract is a legal agreement, it is also the most important source of obligations and we find it daily and it is a great instrument for the circulation of goods and services.

Contractual freedom, it indicates that the parties are free to celebrate or not contracts, and when they celebrate they work on equality and there is an agreement of wills between the contractors and they set the terms of the contract, they also determine their object without more limitation than public order.

As regards article 1272 of the civil code for the state of tlaxcala, it refers; that the agreement that creates or transfers obligations and rights take the name of contracts, personal rights are not transferable either by contract or by succession.

As regards the capacity for enjoyment, it is the possibility of being the subject of rights and obligations. In addition, the exercise capacity: - is the possibility of exercising those rights and fulfilling those obligations.

Regarding the ability of people to contract: _ they have the use of reason to be able to contract, they also cannot hire minors, those who suffer from a mental disability such as crazy people, or while this madness lasts and if it does, it will be for Through their representative, in addition, the disabled elderly who are deprived of intelligence, may not be able to contract.

Regarding the incapacity for foreigners according to article 27 of the constitution of the United Mexican States; establishes the prohibition of acquiring land and water in a strip of 100 kilometers along the borders and 50 kilometers on the beaches and said article 27 const., in its section ii corresponds to religious associations and in section iii the institutions of Public and private charity, indicates that they will not be able to acquire more goods than necessary for their purpose.

Elements of the contract.

That they are consent, the object, for what corresponds there should not be, where to the elements of validity, which refers to the absence of vices of the will such as error, bad faith, violence, injury, in addition it must there is capacity of the parties and formality in accordance with the provisions of the law, as well as legality in the object motive or purpose or condition.

For its part, the injury: - is obtaining a disproportionate undue profit, the reason or purpose or condition, it is the spirit that our contract must have, in addition to having a condition of law, for its part, consent, it is the will of the debtor to be bound, in addition that said consent must be by mutual agreement. What implies that there is a legal interest said will have to be serious and precise, externalized in tacit form or express having a certain content.

Manifestation of consent.

It is tacit and express, for what corresponds to the first manifestation it is tacit, unlike the will, an obligation, nothing is said, and as regards the express form, it will be in written form in which said consent will be reflected.

The formation of consent among those present.

It allows the offer to be modified in such a way that although the offeror is not obliged to sustain it for his own interest, he accepts these modifications and reaches such consent, and from there derives an offer without a deadline in which the offeror is obliged to, if your offer is received immediately unless otherwise agreed.

Offer with a term.- in said matter the offeror remains bound until the expiration of the term.

Offer by phone.- in this it is considered that the contractors are face to face.

The formation of consent among those not present.

We have the system of the declaration of the will, in which it is that agreement of the will is externalized, or is made as soon as the recipient receives the offer and adheres to it.

The dispatch system.- refers to the recipient making his offer known by some means of communication.

Reception system.- the purpose of the message or mail is not enough, it is necessary that it reaches its destination, the contract is formed at the time the proponent receives acceptance, in accordance with article 1298 of the civil code for the state of Tlaxcala.

The information system.- In this matter, consent is formed at the moment the offeror learns the content of the acceptance.

Another element of the contract.- is the object of giving or the fact that the obligor must do or stop performing certain behavior, and we find the direct object that is the creation or transformation of rights and obligations, these can be real or personal, and the indirect object must be represented by the thing, the fact or abstention.

The requirements of the object in obligations to give.

They have to be in the physical, legal possibility and must be determined and indeterminate.

The vices of consent or absence of the will.- error, which is a false concept of reality, such knowledge is wrong about one thing, in addition to being an inadequacy of something or someone in reality, said error produces the absence of contract, it should be mentioned that the error is divided into: error of law, error of fact as well as the error of the person.

For example, the error of law, when a person contracts with a minor thinking that he was older.

Fraud.- Fraud is understood as any suggestion or artifice that is used to induce error or maintain one of the contractors, said fraud may come from any of the parties or from a third party, it also produces relative nullity of the act, can request the annulment of the part that is affected by this vice.

Effects of the contract:

1. Legal conditions emanating from this. The obligation of the contract. Intangibility, which cannot be resolved by one of the parties to the contract. Relativity, the contract can never cease to have binding effects, except for the mortgage contract. Opposition, there are two types of direct effects and reflex effects; the first are those that were referenced when it is made, and the second are derived from the contracts for real effects.

Interpretation of the contract.

Consent is interpreted through rules, which will be subjective and objective. The first one sees internally the intention of the contractor and the context of the words will be interpreted, and the second will take the name of the contract and will be in written form.

It is worth mentioning that the interpretation of the contract is divided into the following:

1. For its part, the systematic interpretation refers to the clauses in a general way, while the integrative interpretation will see the scope of all the others, it will be said that they are the essential clauses, those that the contracting parties themselves will say, natural clauses, arise ordinarily according to the accidental clauses, they also arise if the parties agree. To point out an example of the accidental clauses it will be the penal clause and will be considered established according to the law. Integrative interpretation; It will see the scope of all the others, and it will be discussed that they are the clauses that are divided into essential, accidental, and natural, for their part, the essential clauses.- are those that the same contractors derive from the same conclusion of the contract, and the natural clauses.- They are those that arise in an ordinary way according to accidental clauses and arise if the parties want it.

Classification of contracts.

1. Unilateral contract.- is one in which only one of the parties agrees, example: promise to sell.Bilateral contracts.- is one in which each of the parties agrees in addition to the fact that there are two wills. It falls on money producing tax for the parties. Free contract. - It does not produce tax for the parties. Commutative contract. - The benefits and taxes are known and certain since the celebration of the same. condition or term that are not mentioned at the time of the conclusion of the contract. Consensus contracts.- are those where there is an agreement of wills, that is, by mere consent. Formal contracts.- are in writing what is essential for their validity. Real contracts.- They are those where the parties give each other a legal situation or agree to the delivery of a thing. Instant contracts.- They are those that are fulfilled at the time of the celebration of an act in a single moment. that for its fulfillment of the obligations it is carried out in a certain period example: the purchase of a car. Solemn contract. - they are those that are perfected by the mere consent, except those that are solemn in special form. Preparatory contracts. In these contracts we have the promise of a contract, in which there is a unilateral will, for example, the sale or purchase, or a preparatory contract as the antecedent of any type of contract.; An example of this is buying and selling,the exchange or donation. Contract for the provision of services.- An example of this is the contract of mandate, transport, etc. Contract for the realization of a common purpose.- An example of this type of contract is found by the civil association, the agricultural and livestock society. Guarantee contract. An example of this contract is the bond, the pledge and the mortgage.

Promise of contract.

It is the pact to celebrate a future legal act or also known as a contract that has the purpose of contracting, having as its main feature that must be in writing, it is worth mentioning that the elements of this contract; are the will of the contracting parties this may be; unilateral or bilateral and a deadline must be established in addition to that there must be formality in accordance with the law.

As regards the elements of validity, we have the form that must necessarily be in writing and the capacity of the contracting parties so that they can celebrate said legal act.

It is worth mentioning that the essential elements are the consent of the contracting parties and the object of this contract, which must not be unlawful, in addition to there being personal elements in which said contractors are obligated to enter into a future contract, it is important to mention that another party is a beneficiary. and promising and if it is bilateral they are both promising and beneficiary.

Termination of the promise to contract.

Said promise to contract ends by the execution of a future contract, or by expiration, expiration of the term, or by mutual consent of the parties or by the death of one of the contracting parties or because the object of the contract is unlawful.

The promise of sale.

For the author, Marcel Planiol is a contract by means of which a person is obliged to sell something to another without the person immediately consenting to buy it.

Under Mexican law, he is a future contract or is an autonomous figure; It is worth mentioning that it is an agreement of wills through the exchange of reciprocal declarations by virtue of which the grantors of the promise assume the obligation to enter into a future contract.

The promise to contract is a useful instrument for those who are interested in the certainty of a celebration in a definitive way and only engender the obligation to do and is granted in a final contract, as regards the elements of validity is the form which establishes that it must be in writing and the object of said celebration must be lawful.

The promise of sale has different effects than the sale and it is necessary to designate the thing sold and if the sale is not made and more than one buyer has intervened, it will lose those that it would have given, if through its fault the sale is not made, or through the fault of the seller, he will return the same amount to the others.

Essential requirements of the contract.

1. The capacity of the parties. Object.- the certain thing that is licit, in addition that is determined and that has a certain and determined price and is received in money and that the thing is true and not simulated. Formality that is in writing. That there is consent of the parties.

Sales contract.

It is that legal act through which the parties agree to deliver a good or a thing, it is worth mentioning that said contract is by which one of the contracting parties is obliged to transfer a right or to deliver a thing and the other to pay a price true and determined in money and is one of the most important legal figures, in addition to being a primary means of acquiring property.

Effects of the sale.

A) delivery of the thing.

B) pay the price.

C) various things can be sold

Invalidity of the sale

Said nullity is in the things that do not exist or in the things that part of the seller lacks responsibility which will pay the damages to the buyer, or when it comes to the sale of others, that is, it is a fraud there is also nullity, in the inheritance of a living person since it is an uncertain right and it is null even when there is consent, or there is also nullity of the sale when we talk about food due by family law, we talk about alimony, and it is intended to satisfy needs pressing.

Classification of the sale.

1. It is a consensual contract pre there is an agreement of wills by mere consent. It is main because it does not depend on another contract. It is bilateral because there is an obligation for both parties. It is onerous. - because there is utility for both parties. It is commutative. - Because there are certain benefits and encumbrances since the celebration of the same. It is of instant execution. It is transferring domain since it transfers the ownership of a good.

Sales contract form

There are three types of shape:

1) the legal or ordinary solemnity.- which is by public deed regarding real estate and its omission is the absolute nullity.

2) legal and special solemnity.- this type of solemnity is found in a forced sale by the minister of law and is at public auction.

3) conventional solemnity.- it is the possibility of agreeing while it is not granted in public deed.

Delivery of the thing sold.

I. The seller must deliver the thing sold in the state it was in when concluding the contract.

II. With its fruits and yields.

III. In the agreed place unless otherwise agreed.

Obligations of the seller.

• keep the thing until delivery under pain of paying damages to the buyer. deliver the material and legal good sold. and sanitation, that is to say to hand over the calm and peaceful possession and as regards the

sanitation the right of a third party we speak of a sanitation of the eviction and is nothing other than the dispossession suffered by the buyer in good faith or the threat of dispossession of the property object of the sale, this deprivation experienced by the buyer of all or part of the thing purchased may be due to a fact prior to the sale or a court ruling, and the seller here will go to the defense of the buyer and, where appropriate, compensate for damages or loss of judgment.

• the sanitation for hidden vices.- of the thing existing at the time of the sale and, which make the thing bought, not serve its purpose or only serve imperfectly and these vices may be prior to the sale, and are of the so-called vices redhibitory; In this case, we are talking about reparative or restitutable vices. and they are hidden vices because they are ignored by the buyer.

Buyer's obligations

• Pay the main price of the obligation in the agreed time, and can be at the time of delivery of the thing.

Buyer Rights

• receive the thing in the agreed place and time. and if you do not receive it at the agreed place and time, it produces default and there must be a payment for maintenance costs, and the buyer must pay the costs of the sale in part that corresponds to him. Rights of the seller. in relation to the thing restitution by the buyer. and has the right in relation to the fruits as well as in relation to the earnest money. demand compliance with the contract. that the buyer restores the deterioration of the thing.

Modalities of the sale

A) In the smooth sale, the obligations are fulfilled and are consummated at the same moment of contracting.

B) accessory agreements (clauses) will determine the meaning of the contract.

C) nullity of the sale to any person, the parties cannot cause a good to become inalienable, they can only be caused in this sense by the law.

D) re-sale agreement, recover the thing when the buyer determines to sell it.

E) preferential rights, primacy granted by law or the will of the parties in equal circumstances to acquire a good against a third party.

F) right of both - the one that has the owner or the co-owner, joint owner, the usufructuary, or the tenant of the thing.

The sale of a future thing.

It belongs to the genre of random contracts, in which a term or condition must be established and it is worth mentioning that, if the thing does not come into existence it does not produce any effect and therefore there is no obligation.

The sale in fertilizers.

It is worth mentioning that the price will be covered by items or periods, when it comes to non-identifiable goods, the contractors may agree to the withdrawal for non-payment and this situation will not produce effects against third parties.

The sale with reservation of domain.

The property of the thing continues to be held by the seller until the full price is paid and the seller reserves the property of the object until the buyer pays its full price, the reservation of title or the total delivery is given until the fulfillment of the obligation.

Leasing contract.

It should be mentioned that the author's purpose tells us that the lease is that legal act in which one of the parties agrees to transfer the enjoyment and enjoyment of a property temporarily and the other party is obliged to pay for that use and enjoyment of the property, in which both parties mutually obligate each other by existing reciprocal liens for the parties, this legal figure is one of the most common in the legal context, mainly in real estate, call premises or departments, etc.

As far as the very general parameters of said lease are concerned, it is the legal act to transmit the enjoyment and enjoyment of a good in which it will have the characteristic of being bilateral in which both parties agree; that is, they will have rights as obligations, which will be onerous, consensual, in which they will agree on the duration of the contract and the obligations, in addition to being granted in writing with the formalities of law.

It is also worth mentioning that there will be a lease when one of the two contracting parties reciprocally obligates themselves to grant the temporary enjoyment of a good that will receive in return a remuneration in money, in addition that in this type of lease, parties will be called; one of them will be called lessor, the one who sells the property and the lessee who will use and enjoy the property that is the reason for the lease.

Regarding the development of the topic in the “lease”.

The promise of contract

It is worth mentioning that the author's purpose indicates that the promise of the contract is considered as a preparatory contract, in which two parties are obligated to enter into a future contract, whether it is the purchase of a car or the rental of any premises, existing The main element is the consent of the parties that is translated into the will, in the promise to contract something in the future, which must be reflected in writing and with the formalities of law.

As regards the very general parameters of the promise of contract, it is important to mention that Spanish doctrine; states that said promise to contract is an accessory contract, given its nature since it needs a future contract and a guarantee contract, thus the parties will be obliged to commit to the conclusion of a contract in the future and not only verbally but in writing, which establishes the benefits and obligations that the parties involved in the conclusion of the contract will subsequently celebrate.

It is also worth mentioning that the promise of contract in terms of its nature is considered as the base contract in which there must be characteristics of this promise that will be established in the future contract, in addition to the fact that there will be parties that will intervene in the conclusion of the contract that they are called promisor and the other beneficiary party so if both parties bind each other they will be called promisors.

Regarding the development of the theme "the promise to hire".

• Author's conclusion.

As regards the author, it indicates that the lease is the contract by which a lessor party undertakes to temporarily transfer the use or enjoyment of one thing to another lessee party, who is obliged to pay that enjoyment of the good in money., being this a translational contract of use, onerous and bilateral in which both parties mutually agree.

• Personal conclusion.

It is worth mentioning that a lease exists when the two contracting parties reciprocally oblige one to grant the use and temporary enjoyment of a good and the other to pay for that use and enjoy the good in money, reason for the lease, it is worth mentioning that the lease intended for housing estates cannot be greater than ten years and fifteen years for farms intended for commerce, I consider it to be one of the most used contracts by the community to lease a property.

• Author's conclusion.

The author indicates that the promise to contract is the preparatory contract by which the parties commit to the conclusion of a future contract, within a certain period of time and that they must comply with the elements of validity, consent, possible object Free of vices, the parties must also be able to contract, that is, that the elements of validity are met, and above all that it be in writing.

• Personal conclusion.

The promise of contract is a means by which the parties mutually oblige each other to enter into a future contract which must be in writing and with the formalities required by law for its conclusion and compliance, as well as a possible sanction if not It will be held unless otherwise agreed. I believe that the promise of contract is a pre-contract for the transmission of some future right in which the parties are bound and I consider that it is something that should be given more in practice to avoid many endless conflicts.

Bibliography

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Political Constitution of the United Mexican States

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