Legal Agreements: Partnership, Donation, Mandate, and Deposit

Company

When two or more individuals are mutually bound, each with a benefit in order to receive any appreciable value in money, divided between them, the job they may do what they have each contributed.

Characters

• Consensual
• Plurilateral
• Expensive
• Formal
• Continuous implementation

Elements

1. Contribution of partners
2. Sharing profits and losses
3. Affectio societatis (the intention of acting in partnership association)

Object

Must be lawful and for financial gain.

Form

A civil society should be formed by public deed, and it is formal. If it falls under trade law, it is a sociedad comercial (commercial company), but otherwise, it is a civilian one.

Conclusion (Termination)

• Expiry of the agreed time
• Death of a partner in the society
• Compliance or failure to achieve the object
• Loss of capital
• Court ruling

Donation

When a person (donor) transfers, by an act inter vivos and of their free will, the charge of ownership of a thing to another (grantee).

Characters

• Bilateral
• Consensual
• Free
• Non-formal, unless the property transfer requires a public deed.

Object

Everything that can be sold can be donated.

Mandate

When one party (principal) gives to another (agent) the power to represent it in one or several legal acts.

Characters

• May be free or onerous.
• It is unilateral and bilateral when it is free.

Object

All acts capable of causing an acquisition, modification, or termination of rights.

Conclusion (Termination)

• Compliance with the business entrusted
• Expiry of the agreed time
• Revocation by the principal
• Resignation by the agent
• Death or incapacity of the principal or agent

Deposit

When one party has been bound by a third party, and the creditor of this party accepts its obligation as accessory.

Characters

• Consensual
• Unilateral
• Free
• Accessory
• Alternative
• Non-formal

Classes

There are two:

Simple

In which the guarantor has the benefit of discussion and division.

Solidarity

Where the guarantor has no right to discussion or division, being accountable for the entire debt.

Commodatum

When one party (lender) delivers to another (bailee) something expendable, movable or real, for free, granting the power to use it. It is unilateral, free, and real.

Employment Contract

Governs the relationship between the person performing their work (employee) under the jurisdiction of another (employer), in exchange for payment of a fee. It is consensual, bilateral, onerous, and non-formal. It involves subordination, dependency, continuity, and professionalism. It must be lawful. The object is the provision of work.