| Contracts and Obligations |
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During the life of your company you will need to enter into contracts with third parties. We will accompany you in that journey, knowing how important it is for you to take care of the small writing and every detail of all negotiations. Obligations The main characteristic of obligations is the debtor-credit relationship they create. The creditor has a subjective right: the right to enforce performance of an obligation, the service, from the debtor. The debtor has a legal duty imposed by law: the duty to comply with the obligation, to perform the service. Obligations may consist of giving, doing, or omitting to do, something (Article 1088 of the Spanish Civil Code – Código Civil) and arise from a legal fact, which may be either voluntary or involuntary (because it is stipulated by law). Obligations arising from contracts have the force of law between the parties and must be performed in accordance with those contracts. The main limitations to freedom of contract are contained in the Spanish General User and Consumer Defence Law of 19th July 1984 (Ley General para la Defensa de los Consumidores y Usuarios) and in Law 7/1998 of 13th April 1998 on general terms of contracting (Ley de condiciones generales de la contratación). Types of obligation: - pure and conditional obligations - forward obligations - alternative obligations - joint or joint and several obligations - divisible and indivisible obligations - obligations with a penalty clause Contracts Contracts are bilateral legal transactions, a voluntary legal act carried out by the parties to it and resulting in mutual obligations. If there is an obligation to deliver something, the contract is perfected with the delivery. In consensual contracts, the contract is perfected with the consent; i.e. from the moment the parties consent to be bound. The parties may stipulate any clauses, terms and conditions they may deem fit provided they are not contrary to law, morals or public order (freedom of contract, Article 1255 of the Civil Code). Types of contract: - sale and purchase - exchange - lease - financial leasing - sale & lease back - partnership agreement - loan - deposit - bond - pledge - mortgage - for works - for services - employment contracts |
