Getting to know the different types of contracts and their characteristics
Civil Law deals with the most diverse occasions, including the types of contracts concluded between individuals for a variety of purposes. All of this is very well recommended in the diversity of contracts that can be concluded and their principles. In today's post you learn more about some of them.
The principles of civil contracts
Among the most different types of contracts that can be concluded, there are a series of important precepts that guarantee the security and equality of both parties, such as the principles of reciprocity, in which each party to the contract adheres to the agreement in a conscious and committed manner to fulfill their responsibility signed there.
Contracts based on Principle of reciprocity They usually are bilateral, in which the two parties give up something to win something in a mutual way and agree with each other. The counterpart of each one does not have to be the same.
Examples of this type are purchase and sale, employment, lease, assignment, and many others.
Contracts multilateral they also tend to follow this precept, and generally involve the formation of societies.
Unilateral contracts, on the other hand, usually relate to the activity of one of the parties, such as loans, donations, warrants, bonds, and the like. Another type of unilateral contract may be that of a solemn nature, in which a party is obliged by law to bear something, such as a fine, reparation, and the like.
Types of contracts by category
Based on the principles that define the establishment of civil contracts, we can further divide them into other, more specific categories, such as:
Free and onerous contracts
In free contracts, one of the parties gives in to the other, who has no burden. As in the case of donations, legal recognition and the like.
On the other hand, when we talk about onerous contracts, both parties have some burden, committing themselves to making some kind of sacrifice to receive an asset from the other party. Most contracts are concluded within this structure, especially within the Market.
Compulative contracts
In this type of contract, the parties can anticipate the type of benefit as well as the sacrifice of each one for a specific purpose. Generally, this type of contract is liquidated little by little, or it can last, having renovation.
Regular services, such as internet, subscriptions, rentals, loans, and the like, are generally configured within this category.
Naturally random contracts
In this type of contract, one of the parties is unable to foresee their benefit, but they do so in the understanding of a future asset. This type of contract is usually related to games, investments in assets of a variable nature.
Accidentally random contracts
In this type of contract, randomness is collateral, since it refers to an asset, but which may vary in its form and also in its value over time, as in the case of land transfers, agricultural productions and even some financial products and sales carried out by third parties.
Ancillary or derivative contracts
Many deals can be carried out with different stages, individuals and act on different objects. The execution of these types of contracts may depend on other contracts that help maintain the organization between the parties and different objects, these being accessory contracts, linked to smaller parts of an objective.
Or they can also be derivatives, which may have different consequences according to the resolution or the progress of the parties, such as limits on revenues, clauses to be activated in the event of termination or non-compliance, and the like.
Other types of factors in contracts
In addition to their general category, contracts can also vary in their purposes, their objects, their form of execution and determining peculiarities, such as very personal contracts, which involve the particularities of one of the parties or its opposite, dealing with impersonality in the treatment of their execution, regardless of specificities, being more general contracts.
The main types of contracts found in our routine
Among the contracts most concluded in civil society, we can find a wide variety, such as:
- Purchase and sale contracts, which may occupy different categories, environments and products;
- Employment contracts, with modalities that vary according to the period, the type of link established between the parties and the different objects and terms that involve their execution;
- Rental agreement, which may involve different types of objects and usually have a set of clauses to protect the parties from damage;
- Service contracts, which may be temporary or continuous, regulated by a series of rules and generally operated through membership models, in which one of the parties cannot modify the contract and it is cumulative in nature.
The variety goes much further, with donation contracts, recognition contracts, partnerships and others.
What gives validity to a contract
For a contract to have legal force, the first step is for it to be developed without defects that its determinations are enforceable for both parties involved in its preparation. It's important to have fair terms in which the parties celebrate benefits.
That's why it's always important to have advice when drafting a contract or with a digital law service.
It is also important that there is a ballast — a relationship, a cohesion — within its content.
And finally, of course, that this contract is legally recognized, either through digital authentication or notary, the important thing is that there is a way to claim that each party has attested to that document.
The current regulation of electronic signatures it made it easier and provided much more security to the signatory parties.
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