Contract Law: Sale and Lease Agreements Explained

Case: Sale Contract

1. Definition

Sale: A person called the Seller agrees to surrender possession of a thing to a person called the Purchaser in exchange for a predetermined price.

2. Effects

• For the Buyer: Must pay the agreed price at the agreed place and time. Must take possession of the thing from the seller. The risk of the thing sold transfers to the buyer.
• For the Seller:
  • Eviction Guarantee: Must ensure the peaceful availability of the thing until the time of delivery.
  • Must ensure the agreed qualities of the thing.
• Covenants:
  • Selling to the Test: The seller delivers the item to the buyer, who has a set time to decide whether to finalize the purchase.
  • Indifference: If the thing is not liked, the contract is either not formed or ceases to exist.
  • Addiction Day (Option to Purchase): The seller reserves the right to sell to another buyer if a better price is offered within a specified time.

3. Subjects

• Seller
• Buyer
• Purpose: Payment of the price of the thing and delivery of the thing.
• Cause: Sale of the thing as agreed.

4. Actions

• Responsibilities for Sale and Purchase: Respond for Dolo (intent), Guilt (negligence), Custody, and must ensure the qualities of the thing.

5. Legal Settlement

Lease Contract

1. Definition

Lease: A consensual contract whereby one party (the Lessor) agrees to grant the temporary use or enjoyment of a certain thing to another party (the Lessee) for the latter's use or work, in exchange for a sum of money.

• Renewal: The parties may renew expressly or tacitly.
• Eviction: Gives the landlord the right to demand the tenant vacate and return possession of the thing.
• Leasing Services: A person (Locator/Lessor) is subject to another for a fee or salary.
  • Purpose: The salary of the person.
  • Effects: The work must be performed in the established time and manner. Answerable for Dolo and Guilt.
• Leasing Works: The Lessee agrees to perform an activity on a thing delivered to the Lessor in exchange for payment. Example: Making material using the material provided by the Lessor.

2. Effects

• For the Lessor: Liable for damages caused by the vices of the thing. Must reimburse necessary expenses. Must provide the Lessee with the raw material if applicable.
• For the Lessee: Must make use of the thing and its accessories according to agreement. Must return the thing at the end of the lease term. Must perform the work under the agreed terms.

3. Subjects

• Lessor (Landlord)
• Lessee (Tenant)

4. Purpose

Delivery of the finished work, the result of the work, and payment of compensation.

5. Cause

Construction of a work under the agreed price and time.

6. Actions

• Respond for: Dolo, Guilt, Custody, and not for accident.

7. Legal Settlement