Flashcards
unit 19
Flashcards do conjunto (14)
- 11. Private autonomy entails: a) Freedom to conclude —or not— a contract. b) Freedom in the determination of the contract’s content. c) Formal freedom, which means that, unless otherwise provided by a specific regulation, there is no need to comply with any formal requirement so as to conclude a contract. d) All the above.d) All the above.
- 22. Should a consumer or a user be part of a contract: a) The CC should prevail over the C.Com. b) The C.Com should prevail over the CC. c) The Protection of Consumers and Users Act should prevail over the CC and the C.Com. d) None of the above.c) The Protection of Consumers and Users Act should prevail over the CC and the C.Com.
- 33. Which of the following statements is false?: a) Act 34/2002 declared the validity and efficiency of the consent given through electronic means. b) Telegraphic communication shall always be admitted as proof. c) Commercial contracts shall be valid and binding and actionable in court provided their existence is proved by any of the means established in Civil Law. d) Any means to record words, sounds and images shall also be admitted, as shall any instruments that allow words, data and mathematical operations carried out for accounting purposes or any other purposes, which are relevant to the proceedings, to be saved, known or reproduced.b) Telegraphic communication shall always be admitted as proof.
- 44. Which of the following statements is true? a) As regards the precise moment when a contract between absent parties could be deemed to be concluded, there were several differences between Art. 1.262 CC and 54 C.Com, some of them historical. b) Act 34/2002 unified the content of Art. 1.262 CC and 54 C.Com with certain exceptions. c) Art. 1.262 CC and 54 C.Com have not accepted the receipt theory. d) All the above.a) As regards the precise moment when a contract between absent parties could be deemed to be concluded, there were several differences between Art. 1.262 CC and 54 C.Com, some of them historical.
- 55. Compensation clauses: a) Can be included in civil and commercial clauses but, should the contract be commercial, with certain specialities. b) Are forbidden under the provisions of the C.Com. c) Are forbidden under the provisions of the CC. d) All the above.a) Can be included in civil and commercial clauses but, should the contract be commercial, with certain specialities.
- 62. Should a consumer or a user be part of a contract: a) The CC should prevail over the C.Com. b) The C.Com should prevail over the CC. c) The Protection of Consumers and Users Act should prevail over the CC and the C.Com. d) None of the above.c) The Protection of Consumers and Users Act should prevail over the CC and the C.Com.
- 73. Which of the following statements is false?: a) Act 34/2002 declared the validity and efficiency of the consent given through electronic means. b) Telegraphic communication shall always be admitted as proof. c) Commercial contracts shall be valid and binding and actionable in court provided their existence is proved by any of the means established in Civil Law. d) Any means to record words, sounds and images shall also be admitted, as shall any instruments that allow words, data and mathematical operations carried out for accounting purposes or any other purposes, which are relevant to the proceedings, to be saved, known or reproduced.b) Telegraphic communication shall always be admitted as proof.
- 84. Which of the following statements is true? a) As regards the precise moment when a contract between absent parties could be deemed to be concluded, there were several differences between Art. 1.262 CC and 54 C.Com, some of them historical. b) Act 34/2002 unified the content of Art. 1.262 CC and 54 C.Com with certain exceptions. c) Art. 1.262 CC and 54 C.Com have not accepted the receipt theory. d) All the above.a) As regards the precise moment when a contract between absent parties could be deemed to be concluded, there were several differences between Art. 1.262 CC and 54 C.Com, some of them historical.
- 95. Compensation clauses: a) Can be included in civil and commercial clauses but, should the contract be commercial, with certain specialities. b) Are forbidden under the provisions of the C.Com. c) Are forbidden under the provisions of the CC. d) All the above.a) Can be included in civil and commercial clauses but, should the contract be commercial, with certain specialities.
- 106. As regards interpretation of commercial contracts:. a) The rules established in Arts. 1.281 to 1.289 CC must be applied. b) The rules established in Arts. 1.281 to 1.289 CC must be applied. However, said rules should be complemented by Arts. 57, 58 and 59 C.Com. c) The courts of justice are free to interpret them without taking into account the provisions contained in the CC and the C.Com. d) None of the above.b) The rules established in Arts. 1.281 to 1.289 CC must be applied. However, said rules should be complemented by Arts. 57, 58 and 59 C.Com.
- 117. Grace periods: a) May be granted by the courts of justice under any circumstances. b) May be granted by the courts in civil contracts. c) May be granted by the courts in commercial contracts. d) Can never be granted by the courts.b) May be granted by the courts in civil contracts.
- 128. Obligations without a preset term: a) Are not legal under Spanish law. b) Shall always, according to Art. 62 C.Com, be callable 10 days after being contracted. c) Shall, according to Art. 62 C.Com, be callable 10 days after contracted if they only bring about ordinary action and, on the same day, if involving execution. d) None of the above.c) Shall, according to Art. 62 C.Com, be callable 10 days after contracted if they only bring about ordinary action and, on the same day, if involving execution.
- 139. Arrears in commercial contracts: a) Are subject to Art. 1.100 CC. b) Are subject to certain specialities contained in Art. 63 C.Com. c) Concerning contracts that stipulate a date for fulfilment of commercial obligations that is agreed by the parties or provided for under the law, these are deemed to be in arrears on the day following said date. d) b) and c) are correct.d) b) and c) are correct.
- 1410. The Principles on European Contract Law: a) Attempt to elucidate basic rules of contract law and more generally the law of obligations. b) Are based on the concept of a uniform European contract law system. c) Are a set of model rules drawn up by leading contract law academics in Europe. d) All the above.d) All the above.
Informações
- Descrição
- Derecho (Examen 2) FlashCards sobre unit 19, criado por Helena Molina García em 12-11-2022.
- Criado por
- Helena Molina García · nov 2022
- Atualizado
- 22 nov 2022
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- 6
- Avaliação