Lecture notes
Contracts
- Module
- Institution
Definition of contract, examples of different types of contracts, reference to the articles in the Civil Code and European Law. Definition of freedom of contract.
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7. Lesson 7Thursday, 27 January 2022 15:34
The right of personality protects the person as a whole, including all the different
aspects that are part of the person: bodily integrity, image, the right to privacy…
The right to personal identity involves the right of being represented correctly: info
that are correct, complete and up to date —> reputation, in order to avoid to be
seen under a false light in the public eye—> to defend my personal identity
—> what’s the difference with the right of privacy?
○ Privacy: I want to exclude other individuals
○ Personal identity: I want to show my personal info but I expect that these are
shown in a faithful way
CONTRACTS
= the agreement of two or more parties to establish, regulate or extinguish a
patrimonial legal relationship among themselves
Not all agreements are contracts: when I don’t want to undertake obligations,
personal relations.
Sometimes an offer (unilateral act) if it creates obligations only for the offeror it’s
considered a contract.
When can a deal be deemed a contract? Here some examples:
1. Sale of a house - immovable goods —> it is effective after the conclusion of the
contract
2. Assignment conferred to a company to erect a building - sale of a service —> pure
legal transfer that can occur at the same moment in which we conclude the contract
—> contract whose object doesn’t exist yet and whose right cannot be immediately
transferred —> it’s not a sale contract, there is no property right transfer, since it
doesn’t exist yet —> the object of the contract is an activity, a performance —> it’s
a contract of obligations, the property right arises only when the house is built
3. Sale of an electronic device - movable goods —> in the moment in which the two
bodies agree on the transfer—> then you can pay for it (justification of the sale)
4. Rental of an electronic device by a shop —> there isn’t a transfer of rights, but the
relationship has the goal to satisfy a need —> I don’t want to obtain the property
right, I just want to use the asset—> obligations
5. Loan of a book —> obligations only for the person who borrows the book —>
concluded as far as the object is delivered
6. Provision of a coffee in a coffee-bar
Agreement has been reached and thus a contract is created by an offer made by one
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