GUIDE FOR FIRST EXAM OF CIVIL CONTRACTS.

What is a civil contract?

A contract is the agreement of two or more people to produce or transfer obligations and
rights.

What is an agreement?
An agreement is the agreement of two or more people to create, transfer, modify or
extinguish obligations.

Is a civil contract the same as an agreement?

The agreement in a general sense is the agreement of two or more people to create,
transfer, modify or extinguish obligations. The contract is the agreement of two or more
people as in the agreement, but in this case that agreement of wills is given to produce or
transfer obligations and rights.

In practice, both terms are used synonymously, however, there is a statement that says
“contracts are agreements, but not all agreements are contracts .” Agreements are the
genus , contracts are the species .

What are the essential elements of contracts?

Contracts have essential elements, that is, it is necessary that these elements be
presented since otherwise the contracts will be non-existent, they will not come into legal
life and therefore will not produce legal effects. These elements are: consent and the
object that may be the subject of the contract.

What is consent in contracts?

Consent is one of the elements of the existence of the contract, it refers to the
manifestation of the will of the parties to enter into the contract. Consent is the
agreement of two or more wills to enter into the contract.

How can consent be expressed in contracts?

Consent may be express or implied.

The parties may express their willingness to enter into the contract expressly, that is,
verbally, in writing, by electronic or optical means, by any technology or by
unequivocal signs . For example, when the parties enter into a contract, expressing their
will in a document and signing, or when a contract for the provision of services is found on
the service provider's Internet site and the user clicks (presses) on the button to accept
the services and pay the fees.
Or the expression of the will of the parties can be done tacitly, that is, through facts or
acts that presuppose consent. For example, in an existing lease contract, when the
expiration date of the contract arrives, the lessor does not request delivery of the leased
property and the lessee continues to pay the rent, there is a tacit consent to continue with
the lease contract.

What happens if a person is tricked, beaten or threatened into expressing consent

to enter into a contract?
If a person enters into a contract because he or she was induced to make a mistake, was
a victim of bad faith, or was beaten or threatened, endangering his or her life, honor,
freedom, health, property, spouse, or parents, children or other relatives, the consent will
not be valid , since it was given in a flawed manner. We talk about vices of consent .
For example, when a person signs a contract for the sale of a property because they were
forced to do so by threats, the consent given for that reason is not valid. That is, the
contract will be affected by absolute nullity .

What is the object in contracts?

The object in contracts is the thing that the obligor must give, or the fact that the
obligor must do or not do . For example, in a contract for the sale of a car, the object is
the car that the selling owner must give to the buyer; In a contract for the provision of
professional consulting services, the object of the contract is the services that the
professional performs or provides to the client. <

Furthermore, the thing that is the object of the contracts must exist in nature, be
determined or determinable in terms of its species and be in commerce . This means
that, for example, atmospheric air, sunlight, goods in the public domain or common use
cannot be the subject of a sales contract.

Now, the fact that is the subject of the contracts must be possible and lawful . For
example, the transportation of drugs or the illicit sale of weapons cannot be the subject of
a contract in Mexico.

What is the consequence of a contract lacking one or more of its essential

elements?
If a contract lacks consent or object, the legal consequence will be the non-existence of
the contract, since it lacks those elements for the contract to come into legal life.

What are the elements of validity of contracts?

The elements of validity of the contracts are:

 Legal capacity of the contracting parties.

 Absence of defects of consent.
 Legality in the object, motive or purpose.
 Consent expressed in the manner established by law. <
What is the consequence of a contract not having one or more elements of validity?
If the contract lacks one or more elements of validity, the contract will be void.

When are contracts perfected?

Contracts are perfected by mere consent, except those that must take a form established
by law.

What is the form of contracts?

In civil contracts, the contracting parties are bound in the manner and terms that appear in
the contract that they wanted to be bound by. However, there are cases in which the
law requires certain formalities , such as a contract for the sale of a property, which
must be executed in an instrument before a notary public and registered in the Public
Property Registry for it to be valid.

Who can enter into contracts?

Both natural and legal persons not excepted by law can enter into contracts.

Who are considered persons excepted by law to enter into contracts?

There is express legal incapacity to enter into contracts for non-emancipated minors, in a
state of interdiction and those of legal age who, due to a reversible or irreversible illness,
or who due to their particular state of disability, whether physical, sensory, intellectual,
emotional, mental or several of them cannot govern, force themselves or express their will
by themselves or by any means. In certain cases there is legal incapacity for the guardian,
the judicial official, notary, among others .

Can a minor enter into contracts in Mexico?

Minors have natural and legal incapacity, however, they may act and enter into certain
contracts, through their legal representatives in the terms and scope provided by the civil
codes.

How can a legal entity enter into a contract?

A legal entity may enter into contracts through its legal representative. The legal
representative must have the power to enter into contracts.

Can a person enter into a contract on behalf of another person?

A person may enter into a contract on behalf of another person as long as it is authorized
by this person or by law.

What happens if a contract is entered into in the name of a person who is not
authorized to do so?
If a contract is entered into in the name of another by someone who is not his or her
legitimate representative, the contract is void. However, the person in whose name the
contract was made can ratify it before the other party withdraws. If ratification is not
obtained, the other contracting party will have the right to demand damages from the
person who contracted improperly.

What is the content of the contracts?

There is no express legal provision that mentions which are the parties to a contract; the
contracting parties can put in the contract the clauses they consider appropriate. In
practice, a contract generally has the following sections:

Preamble: It is the initial section of the contract in which the name of the contract, the
names of the contracting parties and the character they have in the contract they enter
into are identified.

Declarations: Refers to the statements made by the contracting parties regarding their
general terms, their identification data and, in the case of acting on behalf of another
person, the identification data of their representation and the documents that support said
representation.

Claused: It is the section in which the clauses containing the rights and obligations of the
parties are drawn up, as well as the sanctions in the event of non-compliance with the
obligations contracted.

Closing: Refers to the final section of the contract in which the place, the date on which
the contract is concluded, the names and signatures of the contracting parties and, where
appropriate, the names and signatures of the witnesses, are regularly indicated.

Annexes: These are the documents that are related to the business or legal act that
covers the contract, with the obligations and rights of the parties, such as, for example, the
identification of the parties, the identification of the object of the contract, among others.

What is the penalty clause in contracts?

The penalty clause in contracts is a sanction established by the parties as a penalty in the
event that the obligation is not fulfilled or is fulfilled in a manner other than as agreed. The
penalty clause may or may not appear in the contracts, the parties decide. If the parties
establish a penal clause in the contracts, damages cannot be claimed for non-compliance
with the obligation. The function of this clause is to evaluate in advance the damages that
could be caused by non-compliance with the contractual obligation.

The civil code provides that the penal clause cannot exceed the main obligation in value
or amount.

What happens if a contract is not specifically regulated in the civil code?

Contracts that are not specifically regulated in the civil code will be governed by the
general rules of contracts, the stipulations of the parties and, where they have been
omitted, by the provisions of contracts of a nature analogous to those regulated in the
code. civil.
What is contract compliance?
Compliance or payment is the delivery of the thing or the amount owed, or the provision of
the service that has been promised.

What are the consequences of non-compliance with contracts?

In the event that one of the contracting parties fails to comply with its contractual
obligations, it authorizes the other to demand the forced execution or termination of the
contract, plus the payment of compensation and the payment of damages and losses
caused.

What happens if the breach of contract was due to a fortuitous event?

If the breach of the obligation occurs due to a fortuitous event, understood as an event of
nature that is inevitable, foreseeable or unforeseeable, the parties will only respond when
they have caused or contributed to it, when they have expressly accepted that
responsibility or when the law it is imposed.