Wuolah Free Chapter 10

Chapter-10.
pdf
anita_ch11
INTRODUCTION TO CIVIL PATRIMONIAL LAW
1º Grado en Administración de Empresas
Facultad de Ciencias Sociales y Jurídicas. Campus Getafe

Universidad Carlos III de Madrid
Reservados todos los derechos.

No se permite la explotación económica ni la transformación de esta obra. Queda permitida la impresión en su totalidad.
Chapter 10: Contracts in particular II
- Provision of services:
By the contract of provision of services, one party is obliged to render a service in favour of the other
party who pays for it a certain price, Art 1544.
The CC only regulates the services provided by salaried workers, but Labour Laws nowadays rules
these services.
a) Characteristics:
. Provision of services is a contract by consensus, bilateral and onerous, and it is not a
formal contract.
. Obligation to use means. The provider undertakes the obligation to use the best

resources and to make his best efforts in accordance with his professional skills to attain
a certain end. The object of the contract is the performance of the activity not the result
thereof.
Ex: the lawyer undertakes to make his best efforts to win the case for his client, but he
does not warrant the outcome of the trial.
. Price certain: the consideration paid for the services rendered usually depends on the
period of time while services were provided.
. Duration: the provision of services might be indefinite but not lifelong.

Art 1583: services might be contracted without a fix period or for a fixed period, but the
provision of services for life is null and void.
. Confidence: the client is usually confident on the manner in which the professional is
going to provide the service. The provider of the service is generally free as to how to
provide the service, being only bound to perform it in accordance with the diligence of his
profession.
However, it might be that the person who ask for the service gives the professional
instructions or suggestions for the performance thereof.
b) Elements:
. Personal elements: person who provides the service and person that entrust and enjoys the
service.
. Real elements: the performance of service which is an activity that entails an obligation to
use means. Or, the counter-performance consists on the obligation to pay a determined price
for the service.
If the parties have not fixed the price a the time of the contract, it shall be fixed with reference
to the usage or the market price for the service concerned.
. Formal elements: there is freedom of form.
a64b0469ff35958ef4ab887a898bd50bdfbbe91a-4025534
c) Obligations of the parties:
The provider of the service has to render the service acting with the diligence correspondent to his
profession.
He has to render the service himself.
However, assistants can be used in the provision of the services if the parties so agree or, lacking
any agreement, if the usages admit such assistance.
The action for the payment of the fees for the services rendered has a term of three years, Art
1967.
- Construction contracts:
Construction contracts, literally called contracts of work, are those through which a person, the
contractor or builder, assumes the obligation to carry out a work for the benefit of another, the
owner, who pays a price for it.
The work shall be carried out as agreed. In order to modify the final result of the work a new

agreement of the parties is necessary.
The contractor has an obligation to achieve a certain result; he enters into a commitment to attain
a particular end: the work (obligation of result). The contractor has to carry out the work in
accordance with the contract performing the work in the manner established.
Once the work is finished, the contractor has the obligation to deliver and the owner has the
obligation to receive the work if it is in accordance with the contract.
The reception of the work can be tacit or express. The first one results from a behaviour of the
owner which demonstrates his acceptance of the work. The latter exist when there is an express
declaration of will of the owner approving the work.
The necessary materials to carry out the work can be provided either by the owner or by the
contractor.
If the work consists on the construction of a specific thing, we undertake that the production process
is more important than the obligation to deliver the work and it shall be a construction contract.
Should the work consist on a fungible thing the result of mass production, we can understand that it
is a contract of sale.
a) Object:
In construction contracts buildings and other constructions are the object. However, the work can
consist on anything that has to have a final result (dress, painting, boat…)
Art 1590: the contractor can contribute to the contract only with his work.
Art 1589: or he can furnish his work and the materials to be use to perform it.
Llévate 1 año de WUOLAH PRO con BBVA. ¿Cómo? ¡+Info aquí!

b) Price:
The price paid for the work has to be certain and subject to determination.
There are different ways of facing de price:
. It can consist of a lump sum, being a total price fixed for the whole of the work.
. When the work is to be carried out by pieces or units, the price can be fixed by units, in which
case the contractor can ask the owner to make payments s the different units are received,
Art 1592.
. When the plan has been agreed with the owner of the land, the contractor cannot raise the
price of the work.
He only have the possibility to raise the price in such cases if changes authorized by the owner
are introduced in the plans and have as a result an increase of the work, Art 1593.
It is very common in practice to accord that the increase of the work or of the price of the
building materials shall entail the revision of the initial price.
Relating to the moment of payment of the price, if the parties have agreed nothing in this regard,
payment shall take place upon delivery of work.

Art 1600: contains a special provision in case the work consists on the construction of a movable
thing. The contractor has the right to retain the thing until the work is paid.
The payment shall take place upon delivery of the work and the contractor has the right to retain
the thing until the work is paid.
c) Term:
The parties can freely agree on the term for the work to be concluded.
If the parties don’t set a term, the Courts shall set it, according to the general rule stated in Art 1128.
It is very usual to establish penalty clauses for the cases in which the terms are not complied with.
In the case that the contractor does not finish the work on time, the penalty clause shall work in order
to make him pay the foreseen compensation.
The compensation that the defaulting party has to pay for the delay in the performance of the work
may consist of a lump sum or of a sum proportional to the delay.
It is also possible for the parties to agree on an alteration thereof. However, modifications on the
work do not entail the alteration of the term established in the contract, unless the modification
consist in the increase of the work.
Finally, the owner can desist of the work at any time, even if it has already started, but he shall have
to indemnify the contractor for all the expenses, labour and profits that he might have obtained from
the work, Art 1594.

d) Risks:
According to Art 1590 if the work is lost before delivery due to act of God or force majeure, the
builder has to assume the loss and the owner does not have to pay him the price.
However, the owner shall have to pay the price if he was a fault because he was in a state of
delinquency for not having received the thing when due.
Also, the contractor shall have to compensate the owner for damages caused if he was at fault for
not having timely warned the owner about the bad quality of the materials.
Art 1590, presume that the owner furnishes the materials.
Art 1589: contains a special provision in case it was the contractor the one who undertakes the
obligations to furnish the materials for the work. If it was so, the contractor shall be one to bear the
risk of the loss of the thing without fault before delivery, unless the creditor is in a state of
delinquency.
e) Breach of contract:
There is a breach of contract if the contractor does not deliver the work or does not deliver it in
accordance with the project.

The owner shall only have to proof the defect, the difference between the result and the project,
but not the fault of the contractor.
Art 1591, regulates the liability of the contractor and of the architect of the building ruined due to
the existence of vices in the construction.
There are different kinds of defects, depending on the gravity thereof and establish different periods
of liability.
Foundation vices affect the structural elements of the construction are covered for ten years from
delivery.
Construction or habitability vices or defects are covered for three years and finish defects are
covered for one year and only the constructor is made liable for these latter. The action to claim for
the liability of the Construction Agent responsible for the defect has a term of two years from the
moment of the damage.
However, if the responsible Agent cannot be identified, the possible responsible Agents shall be
joint and severally liable for the defect.
- Mandate:
The mandate is a contract through which one party, the mandatory, assumes the obligation to
perform an act with legal implications for the account or at the request of another, the mandator,
Art 1709.
The mandate is the collaboration contract for excellence.
Mandate is different from representation. The mandate is the contract concluded between the
mandator and the mandatory and it regulates the relations between them.

We can find:
. Mandate without representation, when there is not an empowering or, when there is an act
of empowering, but the mandatory does not use it, entering into relations with third parties
in his own name.
. Mandate with representation, when the mandatory acts in the name and on behalf of the
mandator, with contemplation domine; that is, declaring his representation.
When there is an empowering and the mandatory acts in the name and on behalf of the
mandator, the effects of his acts, directly affect the latter.
Mandate with representation:
a) Characteristics:
The mandate entails a cooperation by which the mandatory substitutes the mandator. This is a

difference between the mandate and the provision of services where there is no substitution.
Another difference is that the mandatory’s activity consists on a legal act that has a legal implication.
In the contract of mandate with representation, when the mandatory executes the act entrusted to
him he binds the mandator, so that it shall be the mandator the one legally implicated by transaction.
This because the mandatory acts in the name and on behalf of the mandator. All the legal
consequences of the act performed by the mandatory shall be for the mandator.
- The mandatory is not implicated in the transaction, he has to act in the interest of the mandator.
- The mandate is naturally gratuitous, Art 1711.

However, if the mandatory’s profession consists in the performance of the services of the kind
to which the mandate refers, the mandate is presumed to be onerous.
- The mandate is based in the confidence between the parties. The mandatory has the obligation
to follow the instructions of the mandator, the obligation to respect the limits of the mandate,
the reporting obligation once the mandate is concluded, the fact that the mandate shall be
extinguished in case any of the parties die.
- There is not a special form required to conclude the contract of mandate.
b) Capacity:
The mandator needs to have general legal capacity.
He has to be able to execute the act which is the object of the mandate, this because the acts
performed by performed by the mandatory are going to have effect in the legal sphere of the
mandator.
It is the mandator the one bound by the act and therefore the one that has to have the capacity to
conclude it.
The act that is the object of the mandate does not have to be prohibited for him.
To conclude the mandate he has to have legal capacity.
Art 1716, even recognizes in emancipated minors sufficient capacity to become mandatory, as they
can act as if they were of full legal age with exception of the legal acts stated in Art 323.
However, in order to undertake the legal act which is the subject matter of the mandate the
mandatory does not need a special capacity because the effects of his actions are not going to fall on
him but on the mandator, and this later is the one that has to have the special capacity if needed .
c) Types of mandate:
The mandate can be express or tacit.
. The mandate is express when there is an express appointment of the mandatory by the
mandator in order to carry out the legal act that is the object of the mandate
Art 1713.2, requires the mandate to be express in order to comprise, alienate, mortgage or
execute any other act of strict ownership.
. The mandate is tacit when the mandator behaves in such a way that it implies the existence
of an underlying mandate.
. The acceptance of the mandatory may be also express or tacit.

d) Obligations of the mandator:
The mandator has to pay the price for the mandate in case the mandate is onerous. The fees shall
be those agreed upon or those which can be asked for because they are stipulated by the usages,
tariffs, rates… In the last case, lacking agreement, it shall be for the Courts to fix it.
He shall have to advance to the mandatory all the amounts he asks for which are necessary for the
execution of the mandate, Art 1728.
If the mandatory advances such amounts, the mandatory has to reimburse them with interest from
the day on which the advance was made, no matter if the transaction was not successful, unless the
mandatory acted with negligence.
The mandator has to compensate the mandatory for all the damages he might have suffered in
complying with the mandate unless he acted negligently, Art 1729. This is the principle of indemnity
of the mandatory, whose patrimony should not be affected as a consequence of the performance of
the mandate.
The mandatory has a right to retain the things received in the course of the performance of the
mandate until both, the reimbursement envisaged Art 1728 and the compensation provided in Art
1729 are paid, Art 1730. This right of the mandatory to retain does not cover the fees to be paid by
the mandator for the performance of the mandate.

e) Obligations of the mandatory:
The mandatory has to perform the act he has been put in charge of in the interests of the mandator.
If he doesn’t execute the mandate properly, he is liable for the damages caused to the mandator, Art
1718.1
Art 1726, provides that the mandatory is liable not only for the deceit but also in case of fault, which
shall be judge by the Courts with more or less severity depending on if the mandate was onerous or
not.
He has to respect the limits of the mandate, Art 1714.
According to Art 1715, if the limits of the mandate are not trespassed if the action of the mandatory
results more advantageous to the mandator than that specified by him.
If the limits of the mandate are trespassed, it shall be the mandatory and not the mandator the one
bound by the legal act performed, unless the mandator ratifies it. The act shall be ineffective.
The third party may ask the mandatory for a compensation for not being bound with the mandator
as it was his wish.
The mandatory has to carry out the mandate following the instructions of the mandator, Art 1719.
The instructions should be fulfilled in good faith and in the interest of the mandatory.

If the mandatory acts within the limits of the mandate but does not follow the instructions of the
mandator, the act is valid but the mandatory shall be liable for the damages caused to the mandator.
Lacking instructions to follow, the mandatory has to act diligently and according to the nature of the
affairs.
The mandatory has to report to the mandator about the actions he has undertaken to fulfil the
mandate and shall pay the mandator everything that he has received under the mandate and due to
the mandate.
f) Effects of the mandate:

Two different spheres:
1) In relation between mandator and mandatory:

It depends on whether the mandatory is openly actin as such or not and whether there is
empowering or not.
If the mandatory is acting in the name and behalf of the mandatory and empowered by him,
the third party with whom the mandatory is concluding the transaction entrusted to him knows
that the business is not the mandatory’s business, but that he is acting for the mandator.
In this case there is contemplation domine the effects of the transaction directly affect the
mandator.
Art 1725 provides that a mandatory who acts as such is not liable to the person with whom he
contracts.

If the mandatory is acting propio nomine (if he does not declare he is acting as such, Art 1717),
the transaction shall only be effective between the mandatory and the third party unless it
concerns things belonging to the mandator.
This last expression is interpreted in the sense that were the things belong to the mandatory, the
third party shall also have an action against him.
2) Effects in relation between mandatory and third parties:

The general rule is that when the mandatory acts with contemplatio domine and empowered by the
mandator, the mandator shall be the one bound to the third party with whom the mandatory has
contracted.
Art 1727.1, provides that the mandator has to fulfil all the obligations that the mandatory performed
within the limits of the mandate.
In principle the mandatory is not liable against third parties.
Art 1725 in fine, provides that this shall not be so if the mandatory expressly assumes the obligations
or exceeds the limits of the mandate.
g) Extinction of the mandate: Art 1732.

The mandate ends:
. Revocation by the principal

. Resignation of the attorney
. Death, incapacitation, declaration of prodigality and insolvency of the principal or the
attorney
- Partnership:
Is an artificial person in which several persons get together to undertake an economic activity for
profit and share the profits thereof.
The fact that the union is for profit makes partnerships different from associations.
Art 1665: defines the partnership contract as one through which two or more persons bind
themselves to contribute money, property or industry, with the intention of dividing the profits
among themselves.
The partnership has a common fund consisting on the contributions of the partners and that the
intention is to divide the gains between them.
It has a contractual nature.
Upon its constitution and during its life, there are different interests, as each of the partners shall
try to take the most of their contributions.
There is not an exchange between the parties but a coordination between them to attain a common
aim. It is a contract with an associative nature with a specific organization. The rules that govern the
cooperation are set by the parties or, lacking a specific agreement thereof, by the CC.

a) Characteristics:
. The partnership contract is an agreement that produces juridical bounds and that gives rise
to a long-lasting entity.
. There is a relation of trust between the partners. The condition of partner cannot be
transferred, Art 1696. If one of the partners dies, the partnership is extinguished, Art 1700.3.
. Partnerships have to have a lawful object and have to be established for the common interest
of the parties, Art 1666.
If the object of the partnership is unlawful it shall be dissolved. Once an unlawful partnership
is dissolved its gains shall be allotted to charity organizations.
The object of the partnership, the activity developed thereby, is what makes civil partnerships
different from commercial partnerships.
. In a partnership there is affectio societatis; a permanent will of the partners to join their work,

losses and profits and liabilities. In the contract of partnership, partners give a permanent
consent thereof.
. The partnership is made for profit. It is the essential aim (this is what makes partnership
different from association).The losses and profits shall be distributed as agreed by the
partners. Lacking agreement about the distribution thereof, the share of each partner in the
profits and losses shall be in proportion to their contributions, Art 1689.
If only the share of each partner in the profits has been agreed, their share in the losses shall
be the same and vice versa.
The only limit to the possibility that the partners have to establish the distribution of profits
and losses is that the agreement excluding one or more partners from sharing in them is null
and void, Art 1691.
. The partnership is an onerous contract. The partners make contributions so that they can
produce fruits and benefits in the common business.
The totality of the contributions is called common fund or corporate assets. The contributions
can consist of any kind of assets.
The partnership can be constituted in any form whatsoever, safe for the case of the
contributions being immovable goods or real property or real rights, in which case it is
necessary to raise it into a public deed, Art 1667.
b) Legal personality:
Partnerships have legal personality as long as their existence as an independent entity different
from the partners is public or known to third parties different from the partners.
Art 1669: provides that the partnerships which covenants are kept secret among the partners and in
which the partners in their own name contract with third parties shall not have legal personality and
shall be ruled as a joint ownership.
As long as they are public, partnerships do have legal personality. They are autonomous entities
and therefore have their own patrimony, liabilities, management, etc. They also have legal
personality as far as the standing in legal proceedings is concerned
c) Irregular partnerships:
Are those which don’t have legal personality because of defects in the form or constitution or due
to the way they act in the traffic.
If the covenants are kept secret between the partners contracting with them are not aware of the
existence of the partnership. In such case, the partnership is fully effective in the internal relations
between the partners, but not in the external relations with third parties.
In internal partnerships the goods of partnership (that exist for the partners but does not have legal
personality) do not form a separate patrimony shall face the debts and liabilities of the internal
partnership.
d) The partnership agreement:

It is the agreement in which the partners express their intention to constitute a long-lasting entity
to carry out an activity and share the profits thereof, for which purpose they make the necessary
contributions.
The capacity necessary to execute the partnership agreement is legal capacity.
Minors need a representative to substitute them in order to conclude the partnership agreement.

Emancipated minors shall need the assistance of their representatives if they contribute to the
partnership with immovable goods or goods of an extraordinary value, Art 323, because the
contribution made to the partnership is considered to be an act of disposition.
The form of the contract is free unless contributions of immovable goods, which case a special form
has to be adopted, (Public Deed).
Each partner is a debtor of the partnership as far as the contribution he has promised upon
constitution is concerned. However, the perfection of the contract is not dependant on them, as the
partnership begins from the moment the contract is concluded.
The contributions can be made as ownership contributions or only in order that their use or fruits are
made common to the partnership, Art 1687.
If contributions are made with the aim of transferring the property to the partnership not only are
they considered acts of disposition but also the partner who contributes with them is liable to the
partnership for eviction, Art 1681.2 and possibly for hidden vices as well.
e) Management of the partnership:

The CC first leaves to the parties the setting up for the rules regarding the manner in which the
partnership should be managed.
Partners appoint one or several managers in the partnership agreement. If only one manager is
appointed his power is irrevocable. For the appointment of a manager after the partnership has been
executed, the unanimity of the partners is necessary.
The managers have to be partners. The partnership has to reimburse to the managers any expenses
they have incurred for the management thereof, Art 1688. A manager has to act in the interest of
the partnership, in good faith and taking into account the aim of the partnership.

The sole manager can undertake any management acts, notwithstanding the opposition of his
fellow partners, unless he acts in bad faith, Art 1692.1.
If several managers are appointed they shall act joint and severally, but any of them can oppose to
the management of the others unless provided otherwise, Art 1693.
However, in the case that it has been agreed that the manager partners are not to act without the
consent of the others, the consent of all of them is necessary for the validity of the act, Art 1694.
However, it might be that the partners have not established any rules relating to the management
of the partnership. In such cases, Art 1695, provides rules as to the management of the
partnership which shall be followed:
. All of the partners are empowered to manage the partnership. Whatever any of the
partners do by himself binds the partnership, but also any of them may block an act of any
other before they produce legal effects.
We have to bear in mind that this article empowers the partners to manage the
partnership, but they cannot undertake acts of disposition.
. All of the partners can use the corporate assets, unless they do it against the interest of
the partnership or impeding the use to which his co-partners are entitled.
. All partners are obliged to pay the expenses necessary for the conservation of the things

owed in common.
. None of the partners can alter the partnership immovable goods without the other’s
consent.
f) Debts and liability:

For the partnership to be bound with third parties, the partner has to act in the name and on behalf
of the partnership, with sufficient power and within the limits of such power, Art 1697.
The partners are jointly and subsidiary liable for the debts of the partnership. When the patrimony
of the partnership is not sufficient to cover its debts, the partners shall be liable with their own
patrimony in proportion to their contributions.
The liability of the Civil partnership is similar to that of the commercial general partnership
(sociedad colectiva) and different from the limited liability companies (SRL) and business
corporations (SA), which liability is limited and separated from the liability of their partners.
g) Dissolution and liquidation of partnerships:

For the relation between the partnership, the partners and third parties to be terminated, a process
of liquidation has to take place.
After the dissolution, once all pending relations have been liquidated, the patrimony of the
partnership shall be calculated to give it the proper destination.
Art 1700: lists the causes of dissolution of partnership are not a numerus clausus (expiry of the term,
termination of the business for which it was constituted, death, insolvency, incapacitation or
prodigality of any of the partners, the will of any of the partners). When any of these causes arrive,

or others like the impossibility to attain the object of the partnership, which should lead to the
extinction of the partnership, the liquidation process shall start.
The liquidation of the partnership shall be carried out as foreseen by the partners whether in the
partnership agreement or in any other posterior agreement.
If the partners have not established any rules in this respect, Art 1708 refers to the rules of
distribution of the inheritance.
The aim of the liquidation procedure is to pay debts of the partnerships and to collect the assets of
the partnership. The remains shall be distributed among the partners.
- Suretyship contract: Guaranty
Suretyship is a contract of personal guaranty through which, a third person different from debtor
and creditor (guarantor or surety), undertakes to perform an obligation which corresponds to the
debtor in case the debtor does not fulfil it.
The guarantor binds himself to perform for the debtor in case he fails to perform, Art 1822.2.
The suretyship contract is an accessory obligation that binds the creditor and the guarantor or
surety. The main obligation is between debtor and creditor.

The guarantor’s suretyship is subsidiary to the main obligation which shall start to play if the debtor
does not perform his obligation with the creditor.
The suretyship is extinguished when the main obligations disappears, Art 1847.
The suretyship contract is therefore accessory, by consensus and unilateral because in principle it
only gives rise to obligations of the surety towards the creditor, unless a retribution is agreed for the
obligation undertaken by the guarantor.
The suretyship can never be presumed, it always has to be expressly agreed; the will to give the
guaranty has to be clearly stated, Art 1827.
The CC contemplates a co-suretyship when there are several guarantors of the same debtor and debt,
Art 1837 and Art 1844.
In such a case, the liability of the guarantors shall be divided among all of them and the creditor can
only ask each of them for their part unless solidarity has been expressly agreed.
a) Elements of the contract:

1. Subject:
. The creditor and the guarantor.
. The intervention of the debtor is not necessary although he can participate in the agreement.
. In order to be a guarantor or surety, legal capacity is necessary, Art 1828.
2. Object:
. The obligation guaranteed is the object of the contract.
. Art 1824: provides that suretyship cannot exist without a valid obligation.

3. Form:
. There is freedom of form to conclude the contract, Art 1278.
b) Rights and obligations of the guarantor or surety:
The guarantor is responsible for the performance of the main obligation if the debtor does not
perform it himself.
The guarantor can oblige himself to less but not more than the principal debtor. If he has bound
himself to more than the principal debtor, his obligation shall be reduced to the limits of the principal
obligation, Art 1824. (consequence of the accessory character)
The guarantor’s obligation is accessory and therefore he can only be compelled to perform the
debtor’s obligation if the debtor himself does not perform.
While the debtor has enough patrimony to pay the debt the guarantor can refuse to perform the
suretyship obligation, Art 1830 (benefit of discussion).

The benefit of discussion (the possibility for the guarantor to refuse to perform until all of the
debtor´s assets have been exhausted), does not exist if the suretyship has been expressly agreed as
joint and several.
In this case, the creditor has the right to go against any of them, debtor or guarantor, for the
collection of his credit.
The guarantor can oppose to the creditor for the benefit of discussion but also any exceptions that
the debtor could oppose, and which are inherent to the debt, Art 1853.
That is those which affect the existence and lawfulness of the debt.
The guarantor cannot oppose personal exceptions of the debtor; that is, those referring to his
capacity to act, Art 1853 in fine.
c) Relation between the debtor and the guarantor:

When the guarantor performs the obligation that the debtor has failed to perform, he has against
the debtor an action for reimbursement.
Such action covers what he paid for the debtor plus interests from the moment the payment was
communicated to the debtor, any expenses incurred by the surety after having informed the debtor
that payment has been demanded from him, and damages in their case, Art 1838.
Instead of the actions for reimbursement, the guarantor can opt to subrogate himself in all the rights
that the creditor had against the debtor, Art 1839.
If the guarantor performs without giving notice to the debtor and the debtor, who does not know
of the guarantor´s performance, also performs, the guarantor has no claim whatsoever against the
debtor. He shall only have an action against the creditor, Art 1842.
In the case that the debt was deferred and the guarantor paid it before the due date, he cannot
request the debtor to refund it until the term for the payment has expired, Art 1841.
Art 1843: provides that the guarantor can ask the debtor to release him of the suretyship giving him
a guaranty, meaning to give him a guaranty that he shall be able to pay the guarantor once he has
performed the obligation for him, if:
. He has been sued for payment.
. In case of bankruptcy or insolvency.
. When a term was set therefore and the term has come.
. When the debt has become demandable because the term to pay it has expired.
. After 10 years if a term was not fixed.


Wuolah Free Chapter 10

Uploaded by

Copyright:

Available Formats

You might also like

Wuolah Free Chapter 10

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Wuolah Free Chapter 10

Uploaded by

Copyright:

Available Formats

Chapter-10.

INTRODUCTION TO CIVIL PATRIMONIAL LAW

1º Grado en Administración de Empresas

Facultad de Ciencias Sociales y Jurídicas. Campus Getafe

Reservados todos los derechos.

Reservados todos los derechos.

. Duration: the provision of services might be indefinite but not lifelong.

. Formal elements: there is freedom of form.

He has to render the service himself.

Reservados todos los derechos.

Llévate 1 año de WUOLAH PRO con BBVA. ¿Cómo? ¡+Info aquí!

There are different ways of facing de price:

Reservados todos los derechos.

Llévate 1 año de WUOLAH PRO con BBVA. ¿Cómo? ¡+Info aquí!

Reservados todos los derechos.

The mandate is the collaboration contract for excellence.

Llévate 1 año de WUOLAH PRO con BBVA. ¿Cómo? ¡+Info aquí!

Mandate with representation:

Reservados todos los derechos.

- The mandate is naturally gratuitous, Art 1711.

- There is not a special form required to conclude the contract of mandate.

To conclude the mandate he has to have legal capacity.

. The acceptance of the mandatory may be also express or tacit.

Reservados todos los derechos.

Llévate 1 año de WUOLAH PRO con BBVA. ¿Cómo? ¡+Info aquí!

He has to respect the limits of the mandate, Art 1714.

Reservados todos los derechos.

f) Effects of the mandate:

1) In relation between mandator and mandatory:

Llévate 1 año de WUOLAH PRO con BBVA. ¿Cómo? ¡+Info aquí!

2) Effects in relation between mandatory and third parties:

In principle the mandatory is not liable against third parties.

g) Extinction of the mandate: Art 1732.

Reservados todos los derechos.

. Revocation by the principal

Llévate 1 año de WUOLAH PRO con BBVA. ¿Cómo? ¡+Info aquí!

Reservados todos los derechos.

d) The partnership agreement:

Reservados todos los derechos.

e) Management of the partnership:

Llévate 1 año de WUOLAH PRO con BBVA. ¿Cómo? ¡+Info aquí!

Reservados todos los derechos.

f) Debts and liability:

g) Dissolution and liquidation of partnerships:

Llévate 1 año de WUOLAH PRO con BBVA. ¿Cómo? ¡+Info aquí!

Reservados todos los derechos.

a) Elements of the contract:

Llévate 1 año de WUOLAH PRO con BBVA. ¿Cómo? ¡+Info aquí!

Reservados todos los derechos.

c) Relation between the debtor and the guarantor:

Llévate 1 año de WUOLAH PRO con BBVA. ¿Cómo? ¡+Info aquí!

You might also like