Tarea 5
Cargado por
Arafa MahomaTemas abordados
- Contratos de Garantía,
- Contratos de Agencia,
- Clasificación de Contratos,
- Aspectos Legales,
- Obligaciones Contractuales,
- Código de Comercio,
- Contratos de Franquicia,
- Contratos de Permuta,
- Contratos de Custodia,
- Remuneración
Tarea 5
Cargado por
Arafa MahomaTemas abordados
- Contratos de Garantía,
- Contratos de Agencia,
- Clasificación de Contratos,
- Aspectos Legales,
- Obligaciones Contractuales,
- Código de Comercio,
- Contratos de Franquicia,
- Contratos de Permuta,
- Contratos de Custodia,
- Remuneración
Common questions
Con tecnología de IAA lease contract can embody features of different contract types, such as the transfer of a good and its obligation of conservation, similar to custody contracts, while providing the option for future purchase, resembling elements of sales contracts .
For a commercial contract to be valid, it must include free consent of the parties without any defects, legal capacity for signing, a lawful object that is not contrary to current laws, and the terms and conditions must be respected .
Contracts of supply typically involve ongoing obligations, where one party commits to providing goods or services continuously or periodically, unlike a sale contract, which generally involves a single transaction event. The supply contract tends to focus on the duration and consistency of delivery, while the sale contract is often finalized upon delivery and payment .
Contracts of guarantee, such as pledge, surety, or mortgage, are crucial for securing obligations in commercial transactions. They provide assurance to the obligee that the obligee's rights will be protected, reducing the risk of loss due to non-compliance by the obligor . These contracts enhance trust and reliability in commercial dealings by offering financial security mechanisms .
Leasing contracts are necessary when businesses aim to use assets without up-front capital expenditure for ownership. They offer flexibility in asset management, tax advantages, and preserve working capital. Additionally, leases may include maintenance responsibilities, allowing businesses to focus resources on core operations while benefiting from asset use .
Contracts of insurance play a pivotal role in risk management by transferring potential financial losses from the insured to the insurer in exchange for a premium. This contract type allows businesses to hedge against unforeseen risks, ensuring continuity and stability by providing a financial safety net and mitigating the impact of adverse events .
While verbal agreements are legally valid, written agreements provide clearer evidence of terms, reducing disputes about intentions and obligations. Written contracts facilitate enforcement and provide a tangible record that can be crucial in legal proceedings, thereby offering greater security and clarity in commercial operations .
The contract of agency involves an agent acting as an independent intermediary without assuming the risk of the operations unless stated otherwise, promoting and selling products for a company . On the other hand, the contract of mandate involves a party executing acts of commerce on behalf of another, possibly including representation, and can be broader in terms of responsibility .
Franchise contracts enable business expansion by allowing the franchisee to use the franchisor’s established brand, patents, and business methods within a defined geographical area. These contracts include control conditions, ensuring adherence to brand standards and quality, thus maintaining brand integrity while facilitating market penetration and distribution of services .
Commercial contracts are primarily governed by the Commercial Code, which delineates the specific rules applicable to business transactions. In cases where the Commercial Code is silent, the Civil Code serves as a subsidiary source. This duality ensures comprehensive legal coverage, tailoring specific requirements for commercial activities while relying on general civil principles when necessary .
