realizată de Brock Mckiness 2 ani în urmă
130
Mai multe ca aceasta
juridical relation is an interpersonal relation between subjects and objects. Subjects are the people and objects are the rights and duties.
Legal Personality (art 24) natural and juridical personality
Legal Capacity
all persons have legal capacity to have (enjoy) and exercise legal rights and duties unless the law provides otherwise.
some event that occurs to which the law give legal consequence regardless of wishes
Illicit
bad
Quasi- Delicts
neg tort
Delicts
intentional tort
Licit
good
quasi- contractual realm
Unjust Enrichment
Unjust Enrichment/Enrichment without cause-”A person who has been enriched without cause at the expense of another is bound to compensate that person. The term “without cause” is used in this context to exclude cases in which the enrichment results from a valid juridical act or the law. The remedy declared here is subsidiary and shall not be available if the law provides another remedy for the impoverishment or declares a contrary rule. The amount of the compensation due is measured by the extent to which one has been enriched or the other has been impoverished, whichever is less.”•Company A hands over equipment to Company B during the negotiation of a lease. The negotiations fall through and the lease is never confected; however, Company B has used the equipment for 3 months. Company B must compensate Company A as a result of its “enrichment without cause.”
Payment of Things Not due
Payment of a Thing Not Owed—”A person who has received a payment or a thing not owed to him is bound to restore it to the person from whom he received it.” (CC 2299)•My employer accidentally deposits two paychecks in my account. I am bound to restore the money that I was not owed.
Management of Affairs
Management of Affairs (NegotiorumGestio)—“There is a management of affairs when a person, the manager, acts without authority to protect the interests of another, the owner, in the reasonable belief that the owner would approve of the action if made aware of the circumstances.” (CC 2292)•Example:A hurricane bears down on the city. My neighbor, unable to locate me, hires workers to board up my windows and sandbag my yard. My neighbor has “managed my affairs.” •Duties of the Owner (Me): “The owner whose affair has been managed is bound to fulfill the obligations that the manager has undertaken as a prudent administrator and reimburse the manager for all necessary and useful expenses.” (CC 2297)
Death
Birth
a manifestation of will designed for legal consequence
offer or other
literal contract is "instrument"
ex: filiation of unclaimed child
Transferrable
Tranmissible
Seizable
Prescriptable
Privilege
Pledge
Mortgage
Dismemberments of Ownership
Personal Servitudes
Right of Use
Habitation
Usufruct
Predial Servitudes
Ownership
when both subject owe to each other they deduct from each other
no compensation1894
things exempt from seizure
the return of a deposit
bank accounts
things that were unjustly taken
compensation happens no matter what
judicial1902
so ordered
conventional 1901
in agreement
legal
automatic when everything is clear and liquid
passing obligations on
dependant on the relation of the party
a pays the banks and becomes the obligee of B and C
real obligation
bad vocab
means property is not an obligation
property can create list of real rights and duties
obligations can create presonal rights and duties
extinguished by full performance
judicial decree
performance
solidary
one performance does affect the performance obligation of others
one person performing does not change the obligation of another
obligation classification
solidary
horizontal specific(between the obligors)
indemnity
primary owes the full amount to the co signer that stepped in
co-signers
contribution
b and c are jointly bound for the viral share to A
renunciation
a party who is made jointly liable can still be brought back for contribution
pay to become joint liable not solidary
insolvency
shares is split and added to the others
negative net worth makes them judgment proof
remission
proportionate Verial
settlement for one, reduces but does not settle the obligation of another
forgiveness to one person
transmission
indivisible
does not fall under the above rule due to the impossibility of division
new solidary obligors
divisible
can create situations where succeors are jointly bound while the remaining are still solidary
protects sucessors
rules of divisible v. indivisible must be applied453
transmission
nature of the obligation
intent of the parties
defenses are still personal in nature1801
relative nullity only
default of one is default of all
interruption of perception interrupts the others
full performance by any 1
undivided
caps the amount they have to perform
one obligation
remission of 1 changes nothing for the others
presumption of
divided by head
one obligation
several
many obligation
renunciation of a term1780s
where both bennefit
cannot renounce without consent
for the benefit of the obligor
right to do early
presumption
includes the last day of the term
the day after it takes effect
duration 1778
uncertain
variable terms
when this happens that will happen
we know it will happen, just not the date
certain time = fixed
we know the precise time
continuous/periodic performance
terminates on the obligation
delay, when the obligation becomes due
sources
by court 2013
by law2680
arise from agreement or the nature of the agreement
expressed or implied
by law
the nature of the contract
intentions of the party
expressed by condition
conventional
definition
no term performance is due immediately
a certain time period that makes performance suspensive
certain or uncertain
when paid not if paid
party specific
pure and simple or affected by a modality
modality = condition or a term
prohibited1769
really about cause
suspensive means that cause is more directly tied
resoltory may mean this is a secondary cause
prime and major cause
potestative 1770
must be purely potestative
weighing of interest
1770
resolutory
simply
in good faith
null
focus is on the obligor
only bad sometimes
pure v. simply
simply = on the will
pure = on a whim
contrast with casual
power?
within the power of the party to perform
illegal
fulfillment
third party rights and acts of administration
fault of the party contrary to the interest of the party1772
example:
buyer cannot be the reason the conditions fail
purchase agreement is a conditional contract
considered fulfilled
positive v. negative
negative 1774
it is certain it cannot
that time has elapsed without the condition occurring
positive1773
if the condition is suspensive that would mean the obligation is not enforceable
if the condition is resolutory that would mean the obligation is enforceable
certain failure
fixed time
something will vs something wont
sources
implied
the law
reconduction of lease
nature of the contract
sale of a future thing
intent of the parties
wedding gifts
express conditions
conditions
features
dependency
resolutory
already performing, condition to reverse
immediately enforceable but ends at the condition
suspensive
must wait; duty is suspended
unless and until
uncertainty
from the point of view of the parties
one that is dependant on an uncertain event
pure & simple
no implied terms
performance is immediately
goes on indefinitely
comes into existence immediately
when?
exceptions
when the obligation is intended for the benefit the obligee exlucively
special skills required
all performances that required personal performance
as default, all are deemed heritable except when exceptions arise:
from which point of view? obligee or obligor
is it a right, a duty, or what?
strictly personal 1766
cannot be transferred
heritable1765
performance can be executed by a successor
includes between living persons
obligations that can be transferred
real obligations follow things
personal obligations follow people
follows the house
real right to judicial sale
personal obligation to pay
real
effects 1764
successor, person who takes the place of another
particular successor
is not personally bound because they have not acquierd all
universal successor
like heirs
legatee
general legatee
particular rights and duties
universal legatee
legetee= by virtue of will
parts of or entire patrimony
heir or legateee of all or a portion of the patrimony
property obligations
examples
privilege
mineral rights
usufruct
building restrictions
servitude
ownership
obligation that arises from a moral duty creating some of the effects of a civil obligation
produces limited effects
obligee has no right to enforce performance
obligor may not recover a performance freely rendered
a promise to perform transforms a natural obligation to a civil one
payment of a thing not do does not work under a natural obligation to do so
a particular moral duty
examples1762
invalid donation due to form, then dies, creates natural obligation for those in the will
a promis to uphold, with create the civil obligation
had dicernment lacked capacity
kid makes second promis or partically performs
civil obligation has been extinguished
discharged
bankruptcy
follow juris prudence
SF Co v. Daigle
cant get payments back but did not make additional promise to pay full amount
pay a debt must be in writing
promise must be express and unequivocal
not just an acknowledgment
discharged debt, partially performed on
Stoll v. Goodnight Corp
employee promise to pay for a mistake
Wortmann
promis to give to make up for fidelity
Jones
used as an alternative to gratuitous contract
natural obligation for a free caretaker
Thomas v. Bryant
promiissory note formedical bills for step son
must rise to the level
special features
transfer to civil obligation
not a violation of public order
FREELY promise or performance
vices of consent except error
natural obligation
effect on partimony
pecuniary value
feel strong enough to have a feeling of indebtedness
partcial performance
promise
towards particular person
not every moral duty
analysis
was there an offer?
is it irrevocable?
how long
what is a reasonable time
has it expired?
always available
stipulated 2005
term is same as liquidated damages in common law
must be enforced, unless extremely unreasonable 2021
compensatory
non pecuniary1998
pecuniary
patrimonial
direct relation to monetary loss
measured by loss sustained and profit deprived 1995
expectation of profit
out of pocket
Moretory
failure to perform
not breech of contract in LA
nonperformance
can occur when announced
anticipatory breech is just nonperformance
defective performance
delayed performance 1989
lots of special rules
bilateral performance1993
party must perform or be ready to b4 putting the other in default
risk of delivery1992
time
clearly determinable from the circumstances
fixed
default
methods
contractual provisions
can make it automatic
suit for performance
oral notice/2 witnesses
must be satisfied to incur damages unless complete non performance
starts incurring damages
puts the obligor on notice of liability being incurred by being late
moretory damages
damages that result from being late
alternate to sp
binding force is brought to an end
obligee is released from its obligations
obligor is relieved from their correlative obligation
distinct from rescission
effects 2018
ready to perform2022
bilateral, one does not perform if they know the other isnt
partial performance
of continuous or periodic performance
past performance is not affected by dissolution
non-substantial 2018
quasi-contractual
partial dissolution possible2019
phases of performance or other situation
may entitle to damages
substantial 2014
may prevent
entitled to full contractual damages
unwinding
extrajudicial dissolution
exceptional method
express dissolution clauses2017
unspecified duration 2024
dissolved at the time provided
the obligee regards the contract as dissolved
judicial dissolution 2013
usual method
contingently grant
factors to determine if they should grant additional time to perform Waseco Factors
surrounding economic circumstances
faith of the parties
nature of the obligor fault
extent and gravity of the failure to perform
more time ending in auto dissolution
court decreed
advantage here is additional discretion by courts.
supports good faith by parties
court order is still required for damages
without notice to perform2016
time is of the essence
anticipatory breach
assurance rule; same as common law2023
security = real or personal or simple assurances
may demand in writing security of performance
with notice to perform2015
putting in default2099
specific prevision in contract
suit for performance
oral 2 witnesses
written notice
reasonable time
not the same as rescission
rescission is the result of nullity
dissolution is the result of breach
a fully enforceable contract that is breached is dissolved. a contract that is null is resolution
damages after rescission are from quasi-contract
an unwinding of the contract
alternative to specific performance
injunction
procedural devices that intersect with this area of law
TRO
after word must prove they are entitled to a permanent injunction
must show they are suffering from and injury
non competes are statutorily regulated
generally against policy in LA, unless they follow 23:921
the right to 1986
not ongoing
affirmative one time actions
discretionary
impracticable
test
social costs
negaytive impact on 3rd parties
no longer in creditor's interest
obligee
greatly disproportionate $$$
impossible
some damages
SHALL impose sp for failures + damages
failure to deliver, to act, or execute an instrument
history
under civil law, it was the natural thing to do as it was the cause of the contract
still recognizes policy deterrence of
only sp with lots of exceptions
one of the remedies that were never traditionally available under common law except through the monarch
no sp with a few exceptions
non except where law provides
3rd party beneficiary
patrimonial
if the contract "never" exsisted because of nulity; than damages are unjust enrichments under the quasi-contract rules
retroactive 1844
spouse without proper concurrence
mandatory without proper authority
basically a confirmation for agent authority issue
declaration of intent to be bound
effect
3rd persons
by 3rd party1961
ransom rule1963
obligations occurred to prevent other threats are enforceable
no collusion
good faith
vitiated regardless of knowledge
threat toward 3rd person 1960
others, courts discretion
family, yes
economic
duress of goods in some cases
almost never
threats
of lawful act or legal right
unless completely frivolous
not sufficient
of violence
of imprisonment
violence
actual injury
beating
violence
related to the actual contract
by imprisonment
must be sufficiently severe
like them
other personal circumstances
age, health, disposition
would a reasonable person been afraid
guilty party is liable for damages and attorney fees1958
relatively nullity
proof1957
circumstantial evidence
preponderance of the evidence
can result from in action or silence
only when there is an affirmative duty to speak
two prongs from code
intent to gain an unjust advantage OR cause a loss OR inconvenience
a misstatement or omission of fact
material
intentional error
effect
person liable does not get damages
as if never happened
relative nullity
not if willing to correct the error 1951
party should have known
must be related to the cause
the obligation would not have been accepted had the party known
quantity1973
outputs or requirements1975
not unreasonable or disproportionate
good faith emphasized
3rd person, named and willing
opens window for court
certain or by method (math, percentage)
kind
weight the factors of product type, relationships, and other facts
specific enough
meeting of the minds
conditions of 2450
contract exsist, just not enforcable until condition is met
possible
for anyone to perform
not impractibility
at the onset?
lawful
you cannot contract for the succession of a living person
may be different than cause lawful
Art. 1971. Freedom of parties
Parties are free to contract for any object that is lawful, possible, and determined or determinable.
not doing
doing
giving
sometimes refers to a thing, not always
A party may be obligated by a promise when he knew or should have known that the promise would induce the other party to rely on it to his detriment and the other party was reasonable in so relying. Recovery may be limited to the expenses incurred or the damages suffered as a result of the promisee's reliance on the promise. Reliance on a gratuitous promise made without required formalities is not reasonable.
Recession for liability 1952
unless other party should have known too
must pay damages
due to his own error
commencement 1941
When commencement of the performance either constitutes acceptance or makes the offer irrevocable, the offeree must give prompt notice of that commencement unless the offeror knows or should know that the offeree has begun to perform. An offeree who fails to give the notice is liable for damages.
limitation on the theory
no reliance on gratuitous promise w/out proper form
no detrimental
no reason to rely on this
restore to position b4 reliance
justice
remedies
expenses actually incurred
specific performance
damages
full contractual relief
change in position to one's detriment because of such
justifiable reliance
representation by conduct or words
reason for an obligation without the contract
absolute nullity
retroactivly: never exsisted
includes public policy
cause and object get intertwined her, but are still distinct
price as an essential element of sale 2464
cause for donation, but disguising as sale
sale needs writing; donation needs authentic act
against 3rd persons2028
imovables
3rd person can buy from the pretence person
recorder provides normal affect to 3rd parties
secret agreements have no effect
movables
money goes to the true owner, good goes to the buy, bad faither pays the parties
protected in good faith
simulation
absolute2026
pretending there is no contract when there is
relative 2027
if the true kind is unlawful, it is unlawful
enforceable if in the form of the real nominate
difference between expressed type and actual
other writing expressing = counter letter
when expression is untrue, the obligation is still effective if another can be shown1970
does not have to be express1969
intent and reality is more important than declaration by instrument
subjective cause
unlawful cause
simulations
strategery
tax purposes
to get bigger or more or closer
cause of the contract
objective cause
error and fraud
absence or failure of cause
to get ownership
to exchange money or goods
cause of the obligation
significant factor in nominate, legality, and form
determine which rules apply to the contract
determine which contract to enforce
the why sometimes the thing, sometimes the motive
tacit / silence
tacit must be unequivocal outside of statutory
many situations are covered by the CC like auto renewal
any reasonable alternative for silence will block consent
acceptance defined by doctrine
unilateral juridical act
content1943
some rules match the UCC exceptions2601-2
counter offer without mirror
mirror image rule
acceptance through silence 1942
offers of reward1944, 1946
revocation must be made in the same way or an equally effective means 1945
contractual value differs from the compensation for unjust enrichment
binding even if the performer does not know
vocabulary issues in jurisprudence
implied = behavior
tacit = silence or inaction
controlling rule when not expressed by law in other place
by complete performance1940
offeree is not bound to complete
based on the nature and usage of the contract
not certain if delivery is possible
only completion is acceptance
by performance1939
notice of commencement 1941
unless oferor should have know, when an offer is accepted through commencement the offeree must give notice of that commencement
offeree is bound to complete
creates a irrevocable offer
assumed completion will result from commencing the performance
starting performance is acceptance
express acceptance
irrevocable offers 1934
not knowledge
upon receipt
at possession1938
revocable offers1935
when transmitted
elements
conformity only when required by the offer
exception is formal requirements by law
made by proper party
timely
offerdefined by doctrine
options1933, 2620
requirements
formal requirements of that type of sale
the price
stipulated time
a thing
offer to sell or buy
as a contract it is heritable
must have value exchanged
not just an irevocable offer; a contract to contract
revocable v. irrevocable 1930, 1931
upon receipt not knowledge
rejection and counter offers kill offers
death or incapacity cause expiration
irrevocable offers that expire no longer exist
revocable offers expire after a reasonable time
if its not irrevocable it is revocable
prerequisites
firm
must be indicative of offeror's intent to conclude the contract with the offeree's assent
precise and complete
nominate contracts have different standards for required terms
the thing and the rent
the price and the thing
must contain the essential terms
serious
indicative of intent to be legally bound
opposed to social or moral duty
declared
express, implied, or tacit
to the person
outward projection
unilateral declaration of will (juridical act) to form a contract
persons deprived of reason
interdicts389-390
curators392
limited
specific capacity removed
full389
of person and property
consistent, infirm, court ordered loss of capacity
unemancipated minors
support, education, business
pervasive, affecting all types of juridical acts for persons with certain characteristics
incapacity of enjoyment
Sale of litigious rights2447
litigious rights cannot be bought by officers of a court
general legal capacity to have rights and duties
a legal bond that binds two person's in such a way that one of them, obligee/creditor, is entitled to demand from the others, obligor/debtor, a certain performance.
LA Law does not have "unconscionably" or contracts of adhesion
some rules address:
fraud, error, duress, lesion, good faith, etc
solemenity means to comtemplate in an offical capacity
form purpose is the lvl of proof and thought
real are not enforceable until the thing is delivered
deposit2926
manual gift1543
corporeal movables on delivery
formal (solemn) require a certain form for enforceability
proof of obligation 1831
juridical confession
full proof
testimonial proof1846
> $500
1 witness & other corroborating circumstances
< $500
competent evidence
parol evidence1848
in the interest of justice
proof of fraud is a good example
evidence of fraud is rarely in the writing
may be admitted to prove circumstances like vice of consent or modification
once a writing is in place, verbal cannot be admitted to vary of negate it
wether a writing is required for a contract or not
APS1838
ack under private signature
signatures must be proven
APSDA1836
act under private signature duly acknowledged
preponderance of the evidence
prima facie
authentic act
burden to prove fraud
strong, clear, and positively convincing evidence
full proof of agreement
voluntary solemnity1947
modification agreement works differently because its a separate contract
if they agree to only modify in writing, but insist on being bound at that time may override this
frequently litigated
will be on the bar exam
requires clear evidence
Breaux Brothers
agree to only be bond by writing
form contemplated becomes the binding form (1947)
important ones
surety to pay another
must be in writing
certain debts 1847
parole evidence is not good enough to bind 3rd parties to pay the debt of another or prescribed
parole evidence = not in writing
matrimonial agreement2331
duly acknowledged or
donation inter vivos 1541, 1543
manual gift
corporeal movable
on delivery
notary +2 witnesses
transfer of immovable 1839, 2440
exception of testimony and delivery
compromise3072
settlement
types
duly acknowledged
after the fact notary
under private signature
unless acknowledged
burden of proof on whoever contests
authentic act1833-1835
full proof1835
notary + 2
in writing or not parole evidence
electronic transaction acts
parties must agree in advance
LUETA
RS Title 9
purpose
tradeoffs.
example given1577
notarial will
what is sacrificed
solemnity function
failure to comply is absolute nullity
evidentiary function
consensual are simply formed by party consent
contract for services
sale of movables
innominate are any others following normal code rule under the title
transfer of ownership in return for services rendered
nominate can have special (additional) rules (LA CC 1916)
lease
giving in payment
exchange
sale
nominate = special name; like sales or lease contracts
accessory depends on the principle
one depends on the other to exsist
accessory provide security for the performance
pledge
mortgage
suretyship
the contract the gives rise to the obligations
all
loan
significance
sale2464, 2589
there is no sale if the parties did not fix a pricecommutative
price must be fixed by the party
failure of equivalence, not void if aleatory
aleatory, one parties performance is certain and the other is not
sale of a hope(2451)
insurance, gambling, lottery, etc
communitive, CC makes mistake, opposite of aleatory
sale, lease, exchange
pure
purely onerous
inomminate has no form requirement
onerouse contracts follow the form of their appropriate nominate
2/3rds test1526
value of the charge
<
2/3 the value gift
greater than 66% value = onerous
less than = gratuitous
must fallow the special rules for donations inter vivos authentic act 1541
purely gratuitous contracts
donations are subject special rules
etc
potential annulment by forced heirs 1503
revocation for ingraditude 1556
heightened formalities
not all gratuitous contracts are donations
3rd party beneficiary contracts1978
for and by a 3rd person
exception to the "privity" of contracts. this is the exception because bilateral juridical acts should normally only have an effect on the parties of the contract
identifying TPB
additional prerequisites
one must determine
not a "mere incident" of the contract
certainty as to the benefit
stipulation is "manifestly clear
must clearly stipulate or illustrate a benefit to a specific party
not incidental
smith factor test
exsisitng factual relationship
desire to donate
stip may derive bennefit or advantage from the benefit
stip may owe duty in the future
exsisting legal relationship
stip owes preexisiting duty to TPB
donation beneficiary
is there a future obligation
how does the stipulator benefit by the promisor performing to the beneficiary
look to the stipulator's ________ with the TPB
obligations
prexisting duties to relieve or prevent liability
relationship
contractual
creditors
cause
subjective or other wise that would justify this exception
revocation 1979
revocation or refusal1980
performance to the stipulator
if the promisor has an interest in performing the benefit directly, making it irrevocable
stipulator can revoke the benefit before tpb can avail themselves of the benefit
onerous v. gratuitous
stipulation pour autrui1978
exceptable reasons why
benificiary expects to be creditor of the stipulator
beneficiary is creditor of stipulator
familiar relationship
promesse de prte-fort1977
stipulation for another
Subtopic
binds the third party to perform
with their consent
parties
beneficiary
must avail themselves of the benefit to have rights
promisor has same defenses1982
rights1981
can refuse the bennefit
promissor
responsible for benefit
stipulator
promisee
wants the bennefit to the 3rd party
beneficiaries are entitled to a right
debt of a third person
charitable subscriptions
indirect liberality
annulment
significance of the party1950, cmt d
standard of care2930
onerous care is more strict
form1547, 2440
act under private signature
mirror signing of a document
authentic act
with notary & 2 witnesses
for donation1541
gratuitous needs more proof
consent1888, 1890
gratuitousno patrimonial value
remission1888
a release from liability
suretyship3044
gratuitous by default, can be onerous
co sign
promise to pay another's debt
deposit2926, 2928
loan for use 2891
mandate2989, 2992
agency or POA
donation inter vivos1468
exchange 2660
sale2439
significance
Dissolution2013, 2704
not relevant to unilateral, because no one own anyone
ending the contract to end obligation to another
putting in default (1993)
bilateral- synallagmaticrecipical and coorelated
Exchange2662
Sale2439
lease2668
to loan
unilateral when accepting party does not assume a reciprocal duty
loan2891
mandate2989
Donation inter vivos1468
tort
Traditional Tort damages
gen shortLA CC 3492
capacity & consent less important
illicit
generally limited to loss sustained
10 yrs LA CC 3499
capacity and consent less important
juridical act
licit
voluntary
Multilateral juridical act
capacity and consent essential
Traditional contract damages
lost profits
loss sustained
exceptions
LA CC 3499, 3494
10 yrs, unless
capacity & consent essential
juridical act
multilateral
obligation is:
extinguished
modified, or
created
agreement of two or more parties
unless secured it is not a real right in the fact that it is dependant on the obligation. a mortgage or security can make it patrimonial because then there are now other rights that can be enforced without the obligee
object involves a thing
coorelates to a real right
passive
not to
everyone else
active
holder
abusus
fructus
usus
loss can occur due to only passage of time
acquisitive perscription
squater rights
adverse possession
a creditor can seize a right in a thing as a matter of satisfying what is owed to them
heritable
only one for passive under property law
result in destruction or injunction
forbearance
specific performance, monetary damages
of means
to standard or effort
to deliver
result
to render a specific result
onerous
gratuitous
to transfer of ownership
a real right in a thing
contrast with consideration
not just the thing
unlike in property law
to give, do or not
passive is always one or more identifiable persons, unlike with property
owes the performance
entitled to demand
