CONTRACT LAW And COMMERCIAL LAW

DEFINITION Contract : legal relation between two parties, which one of them have right to ask /doing something to another and the other must do it. Agreement : A condition where someone promise or there are two people who promise to each other to do something

Relation between contract and Agreement Agreement arising a contract Agreement is a source of contract

PRINCIPLE IN AGREEMENT Opened Principle ( 1338, 1) Civil Code Consensus Principle ( 1320 ) Civil Code

FORCE MAJOURE ( Over Macht ) The condition after agreement made, that making debtor can do his duty. OverMacht is stopping a contract and its caused : 1.The Creditor 2.The Debtor 3.The Risk 4.The Creditor

ELEMENTS OF CONTRACT 1.The consent of the parties 2.A capacity to contract 3.A subject certain 4.A lawful purpose

Uncapacity person ( Art.1330 Civil Code ) Minors ( under 21 years old ) Person placed under guardianship Person who has bankrupt Person who lost in mind

ELEMENT OF AGREEMENT Active Aspect / Creditor Aspect Passive Aspect / Debitor Aspect

Parts of Agreement Essenselia Naturalia Accidentalia

Types of contract 1.Conditional contract 2.Temporal contract 3.Alternative contracts 4.Contracts with joint and several liability 5.Divisible and indivisible contracts 6.Contract with a penalty clause

SPECIAL CONTRACTS 1.Sales and Purchase 2.Agency 3.Contract of Lease 4.Surety Contract 5.Franchise