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Cardinal requirements of contracts
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list of the cardinal requirements and analysis of the form and subject matter.
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12. Lesson 12Tuesday, 15 February 2022 09:14
CARDINAL REQUIREMENTS FOR CONTRACTS
= elements necessary for an existing and valid contract. They must continue to exist ev
conclusion of the contract. If one of the requirements is lacking after the conclusion w
problem and the contract is not valid in the same way
Art. 1325 indication of requisites - the requisites of the contract are:
1. Agreement of the parties
2. Causa (reason of connection between the single contract and the legal system - consid
English)
3. Object (goods and services that are the object of the exchange, activities that you mus
out the contract)
4. Form, when prescribed by law, under penalty of nullity
Form= formalities and procedures that lead to the formation of the contract (ex. Writt
of signing, do I need to be in front to a public officer or must the notary keep it safe, do
and the notary (donations)
FORM OF THE CONTRACT
As a general rule contracts can be made in any form and can be proved by any means
exception where a special from is required)
○ Written form can be useful for the evidence of the contract, especially when valu
○ An oral contract is as binding as a written one
—> freedom of form but for certain cases.
The form is required for
○ Its validity - only when required by law —> cardinal requirement
○ Its evidence
Freedom of form:
European Contract Law
Art.2:101 Conditions for the conclusion of a contract - a contract is concluded if: a. The
be legally bound and b. They reach a sufficient agreement without any further require
need not be concluded or evidenced in writing nor is it subject to any other requireme
contract may be proved by any means, includind witnesses
Exception to the freedom of form:
○ Contracts enforceable only when evidenced in writing ex. Conflict among parties
○ Contracts void unless in a public need ex. Transfer of property (must be registere
○ Contracts void unless made in a public deed signed before witnesses ex. Donatio
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