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Explain in detail the various classifications of the contract?
Question # 19 Explain in detail the various classifications of the contract?
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There are 5 basic Classifications of the Contract
Bilateral & Unilateral Contracts Aleatory & Commutative Contracts Nominate & innominate Contracts Consensual, formal & Real Contracts Gratuitous & Onerous Contracts 2 1 3 4 5
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1 Bilateral & Unilateral Contracts Bilateral
each party is at the same time creditor & debtor. The seller must transfer property to the buyer in exchange of a monetary price. The contracting parties bind themselves to exchange the ownership of a thing other than money. 2 or more persons contribute in financial project & must share profits & losses. The lender must transfer the debtor a sum of money upon the condition that the borrower to returns it at the end of the loan. The lesser must enable the lessee to enjoy a specific thing for a certain time in return of a fixed price. Unilateral one party is a debtor purely and simply the other is a creditor 1 Sale Contract exchange Contract partnership Contract Loan Contract Lease Contract
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Aleatory & Commutative Contracts Example:- contract of Insurance
An agreement in which each party gets something equal for that which is given or done One of the parties must do a specific work for the other who pays for it. One of the parties must do a specific service under supervision of the other who pays for it. An agent binds himself to perform a judicial act on behalf of the mandator Aleatory Contract When the equivalent in the relations of the 2 parties consists in a chance of gain or loss depending on a certain event. Example:- contract of Insurance 2 Contractor Contract Labour Contract Agency Contract
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Nominate & innominate Contracts
3 Nominate & innominate Contracts Nominate Named in the civil code and commercial code Innominate It is a contract that has no particular rules.
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If the contract has to be expressed in a certain form.
4 Consensual, Formal & Real Contracts Consensual Contracts There is a contract if the parties have agreed to conclude it without need to writing Formal Contracts If the contract has to be expressed in a certain form. Depends on the delivery of a thing to the party who performs his obligation.
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Gratuitous & Onerous Contracts
5 Gratuitous & Onerous Contracts Gratuitous In which one of the parties gives to the other an advantage for which the latter gives nothing in return. Example:- Donation Onerous In it the party is obliged to give as to something. Example:- Sale Contract
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