O GoConqr está de visual novo! Conte para nós o que você achou.

Registre-se grátis

Flashcards

CON

clarissa joy mascarinas OBLICON Inglês 161 flashcards

Flashcards do conjunto (161)

  1. 1A MEETING OF MINDS BETWEEN TWO PERSONS WHEREBY ONE BINDS HIMSELF, WITH RESPECT TO THE OTHER, TO GIVE SOMETHING OR TO RENDER SOME SERVICECONTRACT
  2. 2MEETING OF MINDS BETWEEN TWO CONTRACTING PARTIES WHICH TAKES PLACE WHEN AN OFFER BY ONE PARTY IS ACCEPTED BY THE OTHERCONTRACT
  3. 3ONE OR MORE PERSONS BIND HIMSELF OR THEMSELVES WITH RESPECT TO ANOTHER OR OTHERS, OR RECIPROCALLY, TO THE FULFILLMENT TO GIVE, TO DO, OR RENDER SERVICE OR TO REFRAIN DOING SOME PARTICULAR THINGCONTRACT
  4. 4IT IS ONE OF THE SOURCES OF OBLIGATIONCONTRACT
  5. 5THE LEGAL TIE OR RELATION ITSELF THAT EXISTS AFTER A CONTRACT HAS BEEN ENTERED INTOOBLIGATION
  6. 6THERE CAN BE NO CONTRACT IF THERE IS NO OBLIGATIONTHERE CAN BE AN OBLIGATION EVEN WITHOUT CONTRACT
  7. 7ARE BINDING AGREEMENTS ENFORCEABLE THROUGH LEGAL PROCEEDINGS IN CASE THE OTHER PARTY DOES NOT COMPLY WITH HIS OBLIGATION UNDER THE AGREEMENTCONTRACT
  8. 8TO BE VALID AND ENFORCEABLE IT MUST BE LAWFUL AND ALL THE REQUISITES FOR ITS VALIDITY MUST BE PRESENTCONTRACT
  9. 9THOSE AGREEMENTS WHICH CANNOT BE ENFORCED B ACTION IN THE COURTS OF JUSTICEMORAL OR SOCIAL AGREEMENT
  10. 10IT IS BROADER THAN A CONTRACT BECAUSE IT MAY NOT HAVE ALL THE ELEMENTS OF A CONTRACT THAT CREATE LEGALLY ENFORCEABLE OBLIGATIONSAGREEMENTS
  11. 11ALL CONTRACTS ARE AGREEMENTNOT ALL AGREEMENT ARE CONTRACTS
  12. 12WHEN THE UNDERTAKING OF ONE PARTY IS CONSIDERED THE EQUIVALENT OF THAT OF THE OTHERCOMMUTATIVE
  13. 13WHEN IT DEPENDS UPON AN UNCERTAIN EVENT OR CONTINGENCY BOTH AS TO BENEFIT OR LOSSALEATORY
  14. 14WHEN IT CREATES AN OBLIGATION ON THE PART OF ONLY ONE OF THE PARTIESUNILATERAL
  15. 15WHEN IT GIVES RISE TO RECIPROCAL OBLIGATIONS FOR BOTH PARTIESBILATERAL
  16. 16WHEN IT HAS NOT YET BEEN COMPLETELY PERFORMED BY BOTH PARTIESEXECUTORY
  17. 17WHEN IT HAS BEEN FULLY AND SATISFACTORILY CARRIED OUT BY BOTH PARTIESEXECUTED
  18. 18WHEN IT IS ENTERED INTO AS A MEANS TO AN ENDPREPARATORY
  19. 19WHEN IT IS DEPENDENT UPON ANOTHER CONTRACT T SECURES OR GUARANTEES FOR ITS EXISTENCE AND VALIDITYACCESSORY
  20. 20WHEN IT DOES NOT DEPEND FOR ITS EXISTENCE AND VALIDITY UPON ANOTHER CONTRACT BUT IS AN INDISPENSABLE CONDITION FOR THE EXISTENCE OF AN ACCESSORY CONTRACTPRINCIPAL
  21. 21WHEN EACH PART OF THE CONTRACT IS DEPENDENT UPON THE OTHER PARTS FOR SATISFACTORY PERFORMANCEINDIVISIBLE
  22. 22WHEN ONE PART OF A CONTRACT MAY BE SATISFACTORILY PERFORMED INDEPENDENTLY OF THE OTHER PARTSDIVISIBLE
  23. 23THOSE THAT MEET ALL THE LEGAL REQUIREMENTS AND LIMITATIONS FOR THE TYPE OF AGREEMENT INVOLVED AND ARE, THEREFORE LEGALLY BINDING AND ENFORCEABLE.VALID CONTRACTS
  24. 24A RULE OF CONDUCT, JUST, OBLIGATORY, PROMULGATED BY LEGITIMATE AUTHORITY, AND OF COMMON OBSERVANCE AND BENEFITLAW
  25. 25IT DEALS WITH THE NORMS OF GOOD AND RIGHT CONDUCT EVOLVED IN A COMMUNITY. IT MAY DIFFER AT DIFFERENT TIMES AND PLACES AND WITH EACH GROUP OF PEOPLEMORALS
  26. 26HABITS AND PRACTICE WHICH THROUGH LONG USAGE HAVE BEEN FOLLOWED AND ENFORCED BY SOCIETY OR SOME PART OF IT AS BINDING RULES OF CONDUCT. IT HAS THE FORCE OF LAW WHEN RECOGNIZED AND ENFORCED BY LAWCUSTOMS
  27. 27REFER PRINCIPALLY TO PUBLIC SAFETY ALTHOUGH IT HAS BEEN CONSIDERED TO MEAN ALSO THE PUBLIC WEAL.PUBLIC ORDER
  28. 28IT IS BROADER THAN PUBLIC ORDER, AS THE FORMER MAY REFER NOT ONLY TO PUBLIC SAFETY BUT ALSO TO CONSIDERATIONS MOVED BY THE COMMON GOODPUBLIC POLICY
  29. 29WHICH HAS A SPECIFIC NAME OR DESIGNATION IN LAWNOMINATE CONTRACT
  30. 30WHICH HAS NO SPECIFIC NAME OR DESIGNATION IN LAWINNOMINATE CONTRACT
  31. 31KINDS OF INNOMINATE CONTRACTS1. DO UT DES
    2. DO UT FACIAS
    3. FACTO UT DES
    4.FACTO UT FACIAS
  32. 32DO UT DESI GIVE THAT YOU MAY GIVE
  33. 33DO UT FACIASI GIVE THAT YOU MAY DO
  34. 34FACTO UT DESI DO THAT YOU MAY GIVE
  35. 35FACTO UT FACIASI DO THAT YOU MAY DO
  36. 36A REASON FOR INNOMINATE CONTRACTSA CONTRACT WILL NOT THEREFORE BE CONSIDERED INVALID FOR FAILURE TO CONFORM STRICTLY TO THE STANDARD CONTRACTS OUTLINED IN THE CIVIL CODE. IT IS SUFFICIENT THAT IT HAS ALL THE ELEMENTS OF A VALID CONTRACTS
  37. 37RULES GOVERNING INNOMINATE CONTRACTS1. THE AGREEMENT OF THE PARTIES
    2. THE PROVISION OF THE CIVIL CODE ON OBLIGATIONS AND CONTRACTS
    3. THE RULES GOVERNING THE MOST ANALOGOUS CONTRACTS
    4 THE CUSTOMS OF PLACE
  38. 38THE ONE WHO HAS NOT TAKEN PART IN A CONTRACT, THEREFORE, A STRANGER TO THE CONTRACTTHIRD PERSON
  39. 39HAS NO RIGHTS AND OBLIGATIONS UNDER A CONTRACT WHICH HE IS A STRANGERTHIRD PERSON
  40. 40HE HAS NO STANDING IN LAW TO DEMAND THE ENFORCEMENT OF A CONTRACT OR QUESTION ITS VALIDITYTHIRD PERSON
  41. 41A STIPULATION IN A CONTRACT CLEARLY AND DELIBERATELY CONFERRING A FAVOR UPON A THIRD PERSON WHO HAS A RIGHT TO DEMAND ITS FULFILLMENT PROVIDED HE COMMUNICATES HIS ACCEPTANCE TO THE OBLIGOR BEFORE ITS REVOCATION BY THE OBLIGEE OR THE ORIGINAL PARTIESSTIPULATION POUR AUTRUI
  42. 42WHICH IS PERFECTED BY MERE CONSENTCONSENSUAL CONTRACT
  43. 43WHICH IS PERFECTED BY THE DELIVERY OF THE THING SUBJECT MATTER OF THE CONTRACTREAL CONTRACT
  44. 44WHICH REQUIRES COMPLIANCE WITH CERTAIN FORMALITIES PRESCRIBED BY LAW, SUCH PRESCRIBED LAW BEING THEREBY AN ESSENTIAL ELEMENT THEROFSOLEMN CONTRACT
  45. 45THIS INCLUDES ALL STEPS TAKEN BY THE PARTIES LEADING TO THE PERFECTION OF THE CONTRACT. AT THIS STAGE, THE PARTIES HAVE NOT YET ARRIVED AT ANY DEFINITE AGREEMENTPREPARATION OR NEGOTIATION
  46. 46THIS IS WHEN THE PARTIES HAVE COME TO A DEFINITE AGREEMENT OR MEETING OF MINDS REGARDING THE SUBJECT MATTER AND CAUSE OF THE CONTRACT UPON CONCURRENCE OF THE ESSENTIAL ELEMENTS THEROFPERFECTION OR BIRTH
  47. 47THIS IS WHEN THE PARTIES HAVE PERFORMED THEIR RESPECTIVE OBLIGATIONS AND CONTRACT MAY BE SAID TO HAVE BEEN FULLY ACCOMPLISHED OR EXECUTED, RESULTING IN THE EXTINGUISHMENT OR TERMINATION THEREOF. IT CAN ALSO BE TERMINATED AFTER ITS TERMINATION, NOT BY PERFORMANCE, BUT BY MUTUAL AGREEMENT OF THE PARTIESCONSUMMATION OR TERMINATION
  48. 48AS A GENERAL RULE, CONTRACTS ARE PERFECTED BY MERE CONSENT OF THE PARTIES REGARDING THE SUBJECT MATTER AND THE CAUSE OF THE CONTRACTCONSENSUAL CONTRACTS
  49. 49THEY COME INTO EXISTENCE UPON THEIR PERFECTION BY MUTUAL CONSENT, EVEN IF THE SUBJECT MATTER OR THE CONSIDERATION HAS NOT BEEN DELIVEREDCONSENSUAL CONTRACT
  50. 50THIS IS SO CALLED THE EXCEPTION. THESE ARE NOT MERELY PERFECTED BY CONSENT BUT BY DELIVERY, ACTUAL OR CONSTRUCTIVE, OF THE SUBJECT OF THE OBLIGATION. TREAL CONTRACTS
  51. 51THESE CONTRACTS HAVE FOR THEIR PURPOSE RESTITUTION BECAUSE THEY CONTEMPLATE THE RETURN BY A PARTY OF WHAT HAS BEEN RECEIVED FROM ANOTHERREAL CONTRACTS
  52. 52WHEN THE LAW REQUIRES THAT A CONTRACT BE IN SOME FORM TO BE VALID, THIS SPECIAL FORM IS NECESSARY FOR ITS PERFECTIONSOLEMN CONTRACTS
  53. 53EFFECT OF THE PERFECTION OF THE CONTRACT1. TO THE FULFILLMENT OF WHAT HAS BEEN EXPRESSLY STIPULATED
    2. TO ALL THE CONSEQUENCES WHICH ACCORDING TO THEIR NATURE, MAY BE IN KEEPING WITH GOOD FAITH, USAGE, AND LAW.
  54. 54THERE ARE NO CONTRACT UNLESS THE FOLLOWING REQUISITES CONCUR1.CONSENT OF THE CONTRACTING PARTIES
    2. OBJECT CERTAIN WHICH IS THE SUBJECT MATTER OF THE CONTRACT
    3. CAUSE OF THE OBLIGATION WHICH IS ESTABLISHED
  55. 55THOSE WITHOUT WHICH CONTRACT CAN VALIDLY EXISTS REGARDLESS OF THE INTENTIONS OF THE PARTIESESSENTIAL ELEMENTS
  56. 56THEY ARE ALSO KNOWN AS REQUISITES OF A CONTRACTESSENTIAL ELEMENTS
  57. 57THOSE PRESENT IN ALL CONTRACTS, NAMELY, CONSENT, OBJECT, AND CAUSECOMMON
  58. 58THOSE NOT COMMON TO ALL CONTRACTS OR THOSE WHICH MUST BE PRESENT ONLY IN, OR PECULIAR TO, CERTAIN SPECIFIED CONTRACTSSPECIAL
  59. 59SPECIAL CONTRACTS, PECULIARITY MAY BE1. AS REGARDS TO FORM
    2. AS REGARDS TO SUBJECT MATTER
    3. AS REGARDS TO CONSIDERATION OR CAUSE
  60. 60THOSE THAT ARE PRESUMED TO EXIST IN CERTAIN CONTRACTS UNLESS THE CONTRARY IS EXPRESSLY STIPULATED BY THE PARTIESNATURAL ELEMENTS
  61. 61PARTICULAR STIPULATIONS, CLAUSES, TERMS, OR CONDITIONS ESTABLISHED BY THE PARTIES IN THEIR CONTRACTS, THEREFORE, THEY EXIST ONLY WHEN THEY ARE EXPRESSLY PROVIDED BY THE PARTIESACCIDENTAL ELEMENTS
  62. 62IT IS MANIFESTED BY THE MEETING OF THE OFFER AND THE ACCEPTANCE UPON THE THING AND THE CAUSE WHICH ARE TO CONSTITUTE THE CONTRACTS. THE OFFER MUST BE CERTAIN AND THE ACCEPTANCE ABSOLUTE. A QUALIFIED ACCEPTANCE CONSTITUTE A COUNTER-OFFERCONSENT
  63. 63THE CONFORMITY OR CONCURRENCE OF WILLS (OFFER AND ACCEPTANCE) AND WITH RESPECT TO CONTRACTS, IT IS THE AGREEMENT OF THE WILL OF ONE CONTRACTING PARTY WITH THAT OF ANOTHER OR OTHERS, UPON THE OBJECT AND TERMS OF THE CONTRACTSCONSENT
  64. 64IT IS THE MEETING OF THE MINDS OR MUTUAL ASSENT BETWEEN THE PARTIES ON THE SUBJECT MATTER AND THE CAUSE WHICH ARE TO CONSTITUTE THE CONTRACT, EVEN IF NEITHER HAS BEEN DELIVERED. MUTUAL ASSENT OR AGREEMENT TAKES LACE WHEN THERE IS AN OFFER AND ACCEPTANCE OF THE OFFERCONSENT
  65. 65A PROPOSAL MADE BY ONE PARTY TO ANOTHER, INDICATING A WILLINGNESS TO ENTER INTO A CONTRACT.OFFER
  66. 66IT IS MORE THAN THE EXPRESSION OF DESIRE AND HOPE. IT IS REALLY A PROMISE TO ACT OR TO REFRAIN FROM ACTING ON CONDITION THAT THE TERMS THEREOF ARE ACCEPTED BY THE PERSON TO WHOM IT IS MADEOFFER
  67. 67THE MANIFESTATION BY THE OFFEREE OF HIS ASSENT TO ALL THE TERMS OF THE OFFERACCEPTANCE
  68. 68CONSISTS OF AN OFFER AND AN ACCEPTANCE OF THE OFFERCONTRACT
  69. 69ONE IN THE FORM OF PROMISE TO PAY A CERTAIN AMOUNT OR TO DO SOMETHING, MAY BE ORAL OR WRITTENEXPRESS ACCEPTANCE
  70. 70IS ONE THAT IS INFERRED FROM ACT OR CONDUCTIMPLIED ACCEPTANCE
  71. 71HE IS CONSIDERED AN EXTENSION OF THE PERSONALITY OF HIS PRINCIPALAGENT
  72. 72ONE GIVING A PERSON FOR A CONSIDERATION A CERTAIN PERIOD WITHIN WHICH TO ACCEPT THE OFFER OF THE OFFEREROPTION CONTRACT
  73. 73THE PRIVILEGED ITSELF GIVEN TO THE OFFEREE TO ACCEPT AN OFFER WITHIN A CERTAIN PERIODOPTION
  74. 74THE PERIOD GIVEN WITHIN WHICH THE OFFEREE MUST ACCEPT THE OFFEROPTION PERIOD
  75. 75THE MONEY PAID OR PROMISED TO BE PAID IN CONSIDERATION FOR THE OPTIONOPTION MONEY
  76. 76ACTUALLY A PARTIAL PAYMENT OF THE PURCHASE PRICE AND IS CONSIDERED AS PROOF OF THE PERFECTION OF THE CONTRACTOPTION MONEY
  77. 77THE FOLLOWING CANNOT GIVE CONSENT TO A CONTRACT1. UNEMANCIPATED MINORS
    2.INSANE OR DEMENTED PERSONS, AND DEAF MUTES WHO DO NOT KNOW HOW TO WRITE
  78. 78THEY REFER TO THOSE PERSONS WHO HAVE NOT YET REACHED THE AGE OF MAJORITY AND ARE STILL SUBJECT TO PARENTAL AUTHORITYUNEMANCIPATED MINORS
  79. 79THE INSANITY MUST EXISTS AT THE TIME OF CONTRACTING. UNLESS PROVED OTHERWISE, A PERSON IS PRESUMED SANNEINSANE OR DEMENTED PERSONS
  80. 80THEY ARE THE PERSONS WHO ARE DEAF AND DUMBDEAF-MUTES
  81. 81A TEMPORARY PERIOD OF SANITYLUCID INTERVAL
  82. 82IMPAIR THE CAPACITY OF A PERSON TO GIVE INTELLIGENT CONSENT. THESE CONDITIONS ARE EQUIVALENT TO TEMPORARY INSANITYDRUNKENNESS AND HYPNOTIC SPELL
  83. 83THERE IS NO VALID CONSENT UNLESS:1.IT IS INTELLIGENT
    2.IT S FREE AND VOLUNTARY
    3. IT IS CONSCIOUS OR SPONTANEOUS
  84. 84THERE IS A CAPACITY TO ACTIT IS INTELLIGENT
  85. 85THERE IS NO VITIATION OF CONSENT BY REASON OF VIOLENCE OR INTIMIDATIONIT IS FREE AND VOLUNTARY
  86. 86THERE IS NO VITIATION OF CONSENT BY REASON OF MISTAKE, UNDUE INFLUENCE OR FRAUDIT IS CONSCIOUS OR SPONTANEOUS
  87. 87VICES OF CONSENT1. ERROR OR MISTAKE
    2. VIOLENCE OR FORCE
    3. INTIMIDATION OR THREAT OR DURESS
    4. UNDUE INFLUENCE
    5.FRAUD OR DECEIT
  88. 88CAUSES OF INCAPACITY -TEMPORARY REFERS TO THE PERSON ENTERING INTO THE CONTRACTCAUSES VITIATING CONSENT
    -MORE OR LESS PERMANENT
    -REFERS TO THE CONTRACT ITSELF
  89. 89THE FALSE NOTION OF A THING OR A FACT MATERIAL TO THE CONTRACTMISTAKE OR ERROR
  90. 90IT MAY ARISE FROM IGNORANCE OR LACK OF KNOWLEDGEMISTAKE OF FACT
  91. 91THE MISTAKE CONTEMPLATED BY LAW, THAT IS, THE PARTY WOULD NOT HAVE GIVEN HIS CONSENT HAD HE KNOWN OF THE MISTAKESUBSTANTIAL MISTAKE OF FACT
  92. 92WHEN ONLY ONE PARTY IS MISTAKEN ABOUT A MATERIAL FACTUNILATERAL MISTAKE
  93. 93WHEN BOTH PARTIES ARE IN ERRORBILATERAL (MUTUAL)
  94. 94THAT WHICH ARISES FROM IGNORANCE OF SOME PROVISION OF LAW, OR FROM ERRONEOUS INTERPRETATION OF ITS MEANING, OR FROM AN ERRONEOUS CONCLUSION AS TO THE LEGAL EFFECT OF AN AGREEMENT , ON THE PART OF ONE OF THE PARTIESMISTAKE OF LAW
  95. 95IT REQUIRES THE EMPLOYMENT OF PHYSICAL FORCEVIOLENCE
  96. 96FEAR OF DISPLEASING A PERSON TO WHOM RESPECT AND OBEDIENCE ARE DUEREVERENTIAL FEAR
  97. 97WHEN IN ORDER TO WREST CONSENT, SERIOUS OR IRRESISTIBLE FORCE IS EMPLOYEDVIOLENCE
  98. 98WHEN ONE OF THE CONTRACTING PARTIES IS COMPELLED BY A REASONABLE AND WELL-GROUNDED FEAR OF AN IMMINENT AND GRAVE EVIL UPON HIS PROPERTY OR PERSONINTIMIDATION
  99. 99WHEN ONE PERSON TAKES IMPROPER ADVANTAGE OF HIS POWER OVER THE WILL OF ANOTHER, DEPRIVING THE LATTER OF A REASONABLE FREEDOM OF CHOICEUNDUE INFLUENCE
  100. 100IS INFLUENCE OF A KIND THAT SO OVERPOWERS THE MIND OF A PARTY AS TO PREVENT HIM FROM ACTING UNDERSTANDINGLY AND VOLUNTARILY TO DO WHAT HE WOULD HAVE DONE IF HE HAD BEEN LEFT TO EXERCISE FREELY HIS OWN JUDGEMENT AND DISCRETIONUNDUE INFLUENCE
  101. 101THE FRAUD COMMITTED BY ONE PARTY BEFORE OR AT A TIME OF THE CELEBRATION OF THE CONTRACT TO SECURE THE CONSENT OF THE OTHERCAUSAL FRAUD
  102. 102IT IS THE FRAUD USED BY A PARTY TO INDUCE THE OTHER TO ENTER INTO A CONTRACT WITHOUT WHICH THE LATTER WOULD NOT HAVE AGREED TOCAUSAL FRAUD
  103. 103MISREPRESENTATION IN WORDS OR ACTIONS DONE WITH A FRAUDULENT PURPOSEINSIDIOUS WORDS OR MACHINATIONS
  104. 104A NEGLECT OR FAILURE TO COMMUNICATE OR DISCLOSE THAT WHICH A PARTY TO A CONTRACT KNOWS AND OUGHT TO COMMUNICATECONCEALMENT
  105. 105REPRESENTATIONS WHICH DO NOT APPEAR ON THE FACE OF THE CONTRACT AND THESE DO NOT BIND EITHER PARTYDEALER'S TALK OR TRADER'S TALK
  106. 106WHICH IS A GROUND FOR THE ANNULMENT OF A CONTRACT, ALTHOUGH IT MAY ALSO GIVE RISE TO AN ACTION FOR DAMAGECAUSAL FRAUD
  107. 107WHICH ONLY RENDERS THE PARTY WHO EMPLOYS IT LIABLE FOR DAMAGES BECAUSE THE FRAUD WAS NOT THE PRINCIPAL INDUCEMENT THAT LED THE OTHER TO GIVE HIS CONSENTINCIDENTAL FRAUD
  108. 108THE ACT OF DELIBERATELY DECEIVING OTHERS, BY FEIGNING OR PRETENDING BY AGREEMENT. THE APPEARANCE OF A CONTRACT WHICH IS NON-EXISTENT OR CONCEALEDSIMULATION OF A CONTRACT
  109. 109WHEN THE CONTRACT DOES NOT REALLY EXIST AND THE PARTIES DO NOT INTEND TO BE BOUND AT ALLABSOLUTE SIMULATION
  110. 110WHEN THE CONTRACT ENTERED INTO BY THE PARTIES IS DIFFERENT FROM THEIR TRUE AGREEMENT. THE PARTIES ARE BOUND BY THEIR REAL AGREEMENT PROVIDED IT DOES NOT PREJUDICE A THIRD PERSON AND IS NOT INTENDED FOR A PURPOSE CONTRARY TO LAW, MORALS, GOOD CUSTOMS, PUBLIC ORDER, PUBLIC POLICYRELATIVE STIMULATION
  111. 111SUBJECT MATTEROBJECT OF A CONTRACT
  112. 112KINDS OF OBJECT OF CONTRACTTHINGS
    RIGHTS
    SERVICES
  113. 113ANY PROPERTY OR RIGHT, NOT IN EXISTENCE OR CAPABLE OF DETERMINATION AT THE TIME OF THE CONTRACT, THAT A PERSON MAY INHERENT IN THE FUTURE, SUCH PERSON HAVING ONLY AN EXPECTANCY OF A PURELY HEREDITARY RIGHTFUTURE INHERITANCE
  114. 114KINDS OF IMPOSSIBILITY1. PHYSICAL
    -ABSOLUTE
    -RELATIVE
    2.LEGAL
  115. 115WHEN THE THING OR SERVICE IN THE VERY NATURE OF THINGS CANNOT EXIST OR BE FORMEDPHYSICAL IMPOSSIBILITY
  116. 116WHEN THE ACT CANNOT BE DONE IN ANY CASE SO THAT NOBODY CAN PERFORMABSOLUTE IMPOSSIBILITY
  117. 117WHEN IT RISES FROM THE SPECIAL CIRCUMSTANCES OF THE CASE OR THE SPECIAL CONDITIONS OR QUALIFICATIONS OF THE OBLIGORRELATIVE IMPOSSIBILITY
  118. 118WHEN THE THING OR SERVICE IS CONTRARY TO LAW, MORALS, GOOD CUSTOMS, PUBLIC ORDER, OR PUBLIC POLICYLEGAL IMPOSSIBILITY
  119. 119AN ACT IS CONTRARY TO THE LAW, EITHER BECAUSE IT IS FORBIDDEN BY PENAL LAW OR A RULE OF LAW MAKES IT IMPOSSIBLE TO BE DONELEGAL IMPOSSIBILITY
  120. 120THE ESSENTIAL REASON OR PURPOSE WHICH THE CONTRACTING PARTIES HAVE IN VIEW AT THE TIME OF ENTERING INTO THE CONTRACT. IT IS SOMETHING BARGAINED FOR OR GIVEN BY A PARTY IN EXCHANGE FOR A LEGALLY ENFORCEABLE PROMISE OF ANOTHERCAUSE (CAUSA)
  121. 121ONE OF THE CAUSE OF WHICH FOR EACH CONTRACTING PARTY IS THE PRESTATION OR PROMISE OF A THING OR SERVICE BY THE OTHERONEROUS
  122. 122IN THIS CONTRACT THE PARTIES ARE RECIPROCALLY OBLIGATED TO EACH OTHERONEROUS
  123. 123ONE THE CAUSE OF WHICH IS THE SERVICE OR BENEFIT WHICH IS REMUNERATED. THE PURPOSE OF THE CONTRACT IS TO REWARD THE SERVICE THAT HAD BEEN PREVIOUSLY RENDERED BY THE PARTY RENUMERATEDREMUNERATORY OR REMUNERATIVE
  124. 124ONE THE CAUSE OF WHICH IS THE LIBERALITY OF THE BENEFACTOR OR GIVERGRATUITOUS
  125. 125THE PURELY PERSONAL OR PRIVATE REASON WHICH A PARTY HAS IN ENTERING INTO A CONTRACT. IT IS DIFFERENT FROM THE CAUSE OF THE CONTRACTMOTIVE
  126. 126CAUSE -IMMEDIATE OR DIRECT REASON -ALWAYS KNOWN TO THE CONTRACTING PARTIES -IS AN ESSENTIAL ELEMENT OF A CONTRACT IT ILLEGALITY AFFECTS THE VALIDITY OF A CONTRACTMOTIVE
    -REMOTE OR INDIRECT REASON
    -MAY BE UNKNOWN
    -NOT AN ESSENTIAL ELEMENT OF A CONTRACT
    -ITS ILLEGALITY DOES NOT RENDER THE CONTRACT VOID
  127. 127REQUISITES OF CAUSE1. IT MUST EXIST AT THE TIME THE CONTRACT IS ENTERED INTO
    2. IT MUST BE LAWFUL
    3. IT MUST BE TRUE OR REAL
  128. 128MEANS THAT THERE IS A TOTAL LACK OF ANY VALID CONSIDERATION FOR THE CONTRACTABSENCE OR WANT OF CAUSE
  129. 129IMPLIES THAT THERE IS A CAUSE BUT THE SAME IS UNLAWFUL OR ILLEGALILLEGALITY OF CAUSE
  130. 130MEANT THAT THE CONTRACT STATES A VALID CONSIDERATION BUT SUCH STATEMENT IS NOT TRUEFALSITY OF CAUSE
  131. 131ANY DAMAGE CAUSED BY THE FACT THAT THE PRICE IS UNJUST OR INADEQUATELESION
  132. 132IT IS THE INJURY SUFFERED IN CONSEQUENCE OF INEQUALITY OF SITUATION, BY ONE PARTY WHO DOES NOT RECEIVE THE FULL EQUIVALENT FOR WHAT HE GIVES IN A COMMUTATIVE CONTRACT, LIKE A SALELESION
  133. 133REFERS TO THE MANNER IN WHICH A CONTRACT IS EXECUTED OR MANIFESTEDFORM OF CONTRACT
  134. 134WHEN THE PARTIES EXPRESSLY SET FORTH THEIR INTENTIONSEXPRESS
  135. 135WHEN THEIR INTENTIONS MAY BE INFERRED FROM THEIR ACTIONS OR CONDUCTIMPLIED
  136. 136THAT WHICH MAY BE ENTERED INTO IN WHATEVER FORM PROVIDED ALL THE ESSENTIAL REQUISITES FOR THEIR VALIDITY ARE PRESENTINFORMAL OR COMMON OR SIMPLE CONTRACT
  137. 137THAT WHICH IS REQUIRED BY LAW FOR ITS EFFICACY TO BE IN A CERTAIN SPECIFIED FORMFORMAL OR SOLEMN CONTRACT
  138. 138THAT REMEDY ALLOWED BY LAW BY MEANS OF WHICH A WRITTEN INSTRUMENT IS AMENDED OR RECTIFIED SO AS TO EXPRESS OR CONFORM TO THE REAL AGREEMENT OR INTENTION OF THE PARTIES WHEN BY REASON OF MISTAKE, FRAUD, INEQUITABLE CONDUCT, OR ACCIDENT, THE INSTRUMENT FAILS TO EXPRESS SUCH AGREEMENT OR INTENTIONREFORMATION
  139. 139IS MISTAKE OF FACT THAT IS COMMON TO BOTH PARTIES OF THE INSTRUMENT WHICH CAUSES THE FAILURE OF THE INSTRUMENT TO EXPRESS THEIR TRUE INTENTIONMUTUAL MISTAKE
  140. 140AN ACT WHEREBY A PERSON IS PERMITTED WITH THE FORMALITIES PRESCRIBED BY LAW TO CONTROL TO A CERTAIN DEGREE THE DISPOSITION OF HIS ESTATE, TO TAKE EFFECT AFTER HIS DEATHWILL
  141. 141THE DETERMINATION OF THE MEANING OF THE TERMS OR WORD USED BY THE PARTIES IN THEIR WRITTEN CONTRACTINTERPRETATION OF THE CONTRACT
  142. 142IT IS THE PROCESS OF ASCERTAINING THE INTENTION OF THE PARTIES FROM THE WRITTEN WORDS CONTAINED IN THE CONTRACT.INTERPRETATION OF A CONTRACT
  143. 143IF THE DOUBTS REFER TO INCIDENTAL CIRCUMSTANCE OF A GRATUITOUS CONTRACT SUCH INTERPRETATION SHOULD BE MADE WHICH WOULD BE RESULT IN THE LEAST TRANSMISSION OF RIGHTS AND INTERESTGRATUITOUS CONTRACT
  144. 144THE DOUBTS SHOULD BE SETTLED IN FAVOR OF THE GREATEST RECIPROCITY OF INTERESTSONEROUS CONTRACT
  145. 145IF THE DOUBTERS REFERS TO THE PRINCIPAL OBJECT OF THE CONTRACT AND SUCH DOUBT CANNOT BE RESOLVED THEREBY LEAVING THE INTENTION OF THE PARTIES UNKNOWN, THE CONTRACT SHALL BE NULL AND VOIDPRINCIPAL OBJECT OF THE CONTRACT
  146. 146ARE VALID BECAUSE ALL THE ESSENTIAL REQUISITES OF A CONTRACT EXIST BUT BY REASON OF ECONOMIC INJURY OR DAMAGE TO ONE OF THE PARTIES OR TO THIRD PERSONS, SUCH AS CREDITORSRESCISSIBLE CONTRACTS
  147. 147ARE VALID UNTIL ANNULLED UNLESS THERE HAS BEEN A RATIFICATION. IN IT THE DEFECT IS CAUSED BY VICE OF CONSENTVOIDABLE CONTRACT
  148. 148CANNOT BE SUED UPON OR ENFORCED UNLESS THEY ARE RATIFIED.UNENFORCEABLE CONTRACT
  149. 149THEY ARE ABSOLUTELY NULL AND VOID. IT HAS NO EFFECT AT ALL AND CANNOT BE RATIFIEDVOID OR INEXISTENT CONTRACTS
  150. 150THOSE VALIDLY AGREED UPON BECAUSE ALL THE ESSENTIAL ELEMENTS EXISTS AND, THEREFORE, LEGALLY EFFECTIVE, BUT IN CASE ESTABLISHED BY LAW, THE REMEDY OF IT IS GRANTED IN THE INTEREST OF EQUITYRESCISSIBLE CONTRACTS
  151. 151A REMEDY GRANTED BY LAW TO THE CONTRACTING PARTIES AND SOMETIMES EVEN TO THIRD PERSONS IN ORDER TO SECURE REPARATION OF DAMAGES CAUSED THEM BY A VALID CONTRACT, BY MEANS OF RESTORATION OF THINGS TO THEIR CONDITION IN WHICH THEY WERE PRIOR TO THE CELEBRATION OF SAID CONTRACTRESCISSION
  152. 152A PERSON WHO DISAPPEARS FROM HIS DOMICILE HIS WHEREABOUTS BEING UNKNOWN, AND WITHOUT LEAVING AN AGENT TO ADMINISTER HIS PROPERTYABSENTEE
  153. 153THOSE WHICH POSSESS ALL THE ESSENTIAL REQUISITES OF A VALID CONTRACT BUT ONE OF THE PARTIES IS INCAPABLE OF GIVING CONSENT, OR CONSENT IS VITIATED BY MISTAKE, VIOLENCE, INTIMIDATION, UNDUE INFLUENCE, OR FRAUDVOIDABLE OR ANNULLABLE CONTRACTS
  154. 154REMEDY PROVIDED BY LAW, FOR REASON OF PUBLIC INTEREST, FOR THE DECLARATION OF THE INEFFICACY OF A CONTRACT BASED ON A DEFECT OR VICE IN THE CONSENT OF ONE OF THE CONTRACTING PARTIES IN ORDER TO RESTORE THEM TO THEIR ORIGINAL POSITION IN WHICH THEY WERE BEFORE THE CONTRACT WAS EXECUTEDANNULMENT
  155. 155MEANS THAT ONE VOLUNTARILY ADOPTS OR APPROVES SOME DEFECTIVE OR UNAUTHORIZED ACT OR CONTRACT WHICH, WITHOUT HIS SUBSEQUENT APPROVAL OR CONSENT, WOULD NOT BE BINDING ON HIMRATIFICATION
  156. 156IT CLEANSES THE CONTRACT FROM ALL ITS DEFECTS FROM THE MOMENT IT WAS CONSTITUTEDRATIFICATION
  157. 157THOSE CANNOT BE ENFORCED OR GIVEN EFFECT IN A COURT OF LAW OR SUED UPON BY REASON OF CERTAIN DEFECTS PROVIDED BY LAW UNTIL AND UNLESS THEY ARE RATIFIED ACCORDING TO LAWUNENFORCEABLE CONTRACTS
  158. 158THOSE ENTERED INTO IN THE NAME OF ANOTHER PERSON BY ONE WHO HAS NOT BEEN GIVEN NO AUTHORITY OR LEGAL REPRESENTATION OR WHO ACTED BEYOND HIS POWERSUNAUTHORIZED CONTRACTS
  159. 159HAS BEEN ENACTED NOT ONLY TO PREVENT FRAUD BUT ALSO TO GUARD AGAINST THE MISTAKES OF HONEST MEN REQUIRING THAT CERTAIN AGREEMENTS SPECIFIED THAT ARE SUSCEPTIBLE TO FRAUD MUST BE IN WRITINGSTATUTE OF FRAUDS
  160. 160THOSE WHICH BECAUSE OF CERTAIN DEFECTS GENERALLY PRODUCE NO EFFECT AT ALLVOID CONTRACTS
  161. 161REFER TO THE AGREEMENTS WHICH LACK ONE OR SOME OR ALL OF THE ELEMENTS OR DO NOT COMPLY WITH FORMALITIES WHICH ARE ESSENTIAL FOR THE EXISTENCE OF A CONTRACTINEXISTENT CONTRACTS

Informações

Descrição
OBLICON FlashCards sobre CON, criado por clarissa joy mascarinas em 14-03-2018.
Criado por
clarissa joy mascarinas · mar 2018
Atualizado
15 mar 2018
Visualizações
0
Avaliação

Fale Conosco

Sobre o que é sua mensagem?

O que você acha do novo visual?

Você gostou?