Contract Obligations: Force Majeure, Revocation, and Good Faith

Obligations II: Final Exam

Item 1: Compulsory Force Contracts

Compliance with Express and Implied Contract Terms:

• Explicit Terms: Provisions clearly stated in the contract, leaving no doubt in interpretation.
• Implied Terms: Assumed to be part of the contract, though not formally expressed, and subject to interpretation.

Revocation of Contract by Mutual Consent

Contracts can be terminated by the will of all parties involved. If created by mutual consent, it can only be dissolved similarly.

Revocation of Contract by Unilateral Will

In certain contracts, legislation allows termination by one party's will, sometimes inalienable. Examples include leases, employment contracts, dissolution of societies, donations, and sales with repurchase agreements.

Good Faith in Contract Execution

Contracts must be executed in good faith, complying with expressed terms and all consequences derived from equity, usage, or law.

Implied Obligations

Integration with Law and Usage: Law prevails over the contract in non-derogable norms. Usage acts as a default rule, influencing legislative solutions.

Debtor's Diligence in Meeting Obligations

Contract Interpretation by the Judge

Includes classification and interpretation of the contract. Qualification is first by the legislature, then the judge. Interpretation considers principles and rules from law, doctrine, and jurisprudence.