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Legal Aspects Midterms > Classification Of Contracts > Flashcards

Classification Of Contracts Flashcards

1
Q

According to their relation to other Contracts

A
  1. Preparatory
  2. Principal
  3. Accessory
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2
Q

those which have for their object the establishment of a condition in law which is necessary as a preliminary step towards the celebration of another subsequent contract. Example: partnership, agency, common carrier, insurance. (Relation to other contracts)

A

Preparatory

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3
Q

or those which can subsist independently from other contracts and whose purpose can be fulfilled by themselves.

Example: sale, lease, common carrier, insurance

(Relation to other contracts)

A

Principal

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4
Q

those which can exist only as a consequence of, or in relation with another prior contract. Examples: pledge, mortgage.

(Relation to other contracts)

A

Accessory

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5
Q

Contracts according to perfection

A
  1. Consensual
  2. Real
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6
Q

or those which are perfected by the mere agreement of the parties. Examples: sale, lease.

(According to perfection)

A

Consensual

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7
Q

or those which require not only the consent of the parties for their perfection, but also the delivery of the object by one party to the other. Examples: commodatum, deposit, pledge.

(According to perfection)

A

Real

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8
Q

according to their form

A
  1. Common or informal
  2. Special or formal
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9
Q

or those which require no particular form. Example: loan.

(According to their form)

A

Common or informal

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10
Q

those which require some particular form. Examples: donation, chattel mortgage.

(According to their form)

A

Special of formal

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11
Q

According to their purpose:

A
  1. Transfer of ownership
  2. Conveyance of use
  3. Rendition of service
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12
Q

Example: sale

( According to purpose)

A

Transfer of ownership

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13
Q

Example: commodatum

( According to purpose)

A

Conveyance of use

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14
Q

Example: agency, lease of services, labor

(According to their purpose)

A

Rendition of service

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15
Q

According to their subject matter

A
  1. Things
  2. Services
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16
Q

Examples: sale, deposit, pledge

(According to their subject matter)

A

Things

17
Q

Examples: agency, lease of services, labor.

(According to their subject matter)

A

Services

18
Q

According to the nature of the vinculum which they produce:

A
  1. Unilateral
  2. Bilateral
19
Q

obligation is for one party only. Example: commodatum, gratuitous
deposit

(According to the nature of the vinculum which they produce:)

A

Unilateral

20
Q

or those which give rise to reciprocal obligations to both parties.
Examples: sale, lease

(According to the nature of the vinculum which they produce:)

A

Bilateral

21
Q

According to their cause

A
  1. Onerous
  2. Gratuitious
22
Q

each of the parties aspires to get a benefit through the giving of an equivalent or compensation. Examples: sale, insurance, common carrier.

(According to their cause)

A

Onerous

23
Q

or those in which one of the parties proposes to give the other a benefit without any equivalent or compensation. Example: commodatum

(according to their cause)

A

Gratuitous

24
Q

According to the risks involved:

A
  1. Aleatory
  2. Commutative
25
Q

those in which what is done, given or promised by one party is considered same as the other or in consideration of what is done, given or promised by the other. Example: lease

(According to the risks involved)

A

Commutative

26
Q

where performance of the promise is dependent on the occurrence of a fortuitous event. The full consideration of this act is the other party’s promise to perform an act if a fortuitous event occurs. Example: insurance

(According to the risks involved)

A

Aleatory

27
Q

According to their names or norms regulating them:

A
  1. Nominate
  2. Innominate
28
Q

those which have their own individuality and are regulated by special provisions of law. Examples: sale, lease, common carrier, insurance, deposit agency.

(According to their names or norms regulating them)

A

Nominate

29
Q

those which lack individuality and are not regulated by law.

(According to their names or norms regulating them)

A

Innominate

30
Q

Classification of Innominate contract in the Roman Law:

A

I give and you give;
I give and you do,
I do and you do.

Legal Aspects Midterms (6 decks)

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