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Legal obligations and contracts

Legal obligations and contracts

Legal obligations are legal agreements entered into between a creditor and a debtor, based on which the debtor undertakes to perform a service in favour of the creditor.

Legal obligations are legal agreements entered into by two or more parties, creditor and debtor, based on which the debtor undertakes to perform a service in favour of the creditor in compliance with the laws in force.

Legal obligations can be derived from contracts, from unilateral will, from an unlawful action or any action other than the ones mentioned above, though suitable to generate them.

Legal obligations can also occur – according to applicable law – in the following cases:

  • promise to the public: any individual who addresses the public and promises a service in favour of any other individual who finds himself/herself in a specific situation or carries out a determined action, is in fact bound to carry out the promise as soon as the latter is made public;
  • management of third party assets: any individual who, while not having any obligation to do it, deliberately takes on the management of third party assets, is in fact committed to continue managing it until the other individual involved relieves him of the responsibility;
  • payment of undue amount: an individual who has overpaid or paid unduly has the right to have the amount mistakenly paid returned;
  • unjust enrichment: an individual who, without any just cause, increased his/her wealth to the detriment of another person, is obligated – to the extent of the extra amount earned – to indemnify the other person by paying the corresponding sum in the latter’s favour.  This legal action is ancillary, meaning that it can only be used when no other legal option can be pursued (for instance because of a lapsed deadline).

The Firm, in particular, deals with the drafting of typical or atypical contracts that constitute, regulate or terminate legal property relationships, whose function is to protect the rights and interests of the Client in the relationship with the other contractor.

With the contract:

  • one can transfer ownership of a particular thing;
  • real rights can be established or transferred (rights over the “thing”);
  • other rights can be regulated.

The contract must contain some essential elements:

  • the agreement of the parties (or consent);
  • the cause: the socio-economic function of the contract;
  • the object: the performance that one party has the obligation to perform in favor of the other or the right that is transferred from the contract which, in any case, must be possible (when it is something that exists or can come into existence) , lawful (when it is not contrary to mandatory rules, public order and morality), determined or determinable (when quantities and qualities are determined);
  • the form: the way in which the will manifests itself. In our legal system the principle of freedom of form applies. However, in some cases, a specific form may be required for the contract to be valid (eg the written form for real estate contracts).

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