Valid Contract Essentials

Posted by on Dec 4, 2024 in Law & Jurisprudence | 0 comments

1. Introduction

The basic philosophy behind a contract stems from the Latin phrase pacta sunt servanda, meaning agreements must be kept. However, only a valid contract can be enforced. The essentials and purpose of a contract are crucial for its validity.

2. Definition

According to the Contract Act, a contract is an agreement enforceable by law.

Essentials of a Valid Contract

The following are the main essentials of a valid contract:

i. Free Consent of Parties

A valid contract requires the free consent

Read More

Litigation and Dispute Resolution

Posted by on Dec 4, 2024 in Law & Jurisprudence | 0 comments

Litigation

Litigation is a conflict of interest characterized by one party’s claim and the other’s resistance.

Elements of Litigation

Subjective: Two or more individuals or parties, one seeking and one resisting.

Objective: A tangible or intangible legal asset.

Importance and Role of Litigation

Litigation helps determine when a conflict qualifies as a dispute suitable for judicial resolution. It also defines the subject matter of the process.

Autotutela

Autotutela is the self-imposition of a claim, potentially

Read More

Legal Processes: Types, Stages, Principles, and Prerequisites

Posted by on Dec 4, 2024 in Law & Jurisprudence | 0 comments

Process Definitions

Process: A set of successive phases of a natural phenomenon or an artificial operation.

Process: A set of interrelated events united by a common purpose.

Judicial Process: The resolution of a dispute between parties by a court of law.

Pallares Process: A set of events or acts occurring over time with specific relations of solidarity and bonding.

Legal Process: A series of legal acts occurring regularly in time, concatenated to achieve a specific objective.

Judicial Process (Specific

Read More

Venezuelan Birth & Death Registration: Legal Framework & Procedures

Posted by on Dec 4, 2024 in Law & Jurisprudence | 0 comments

Birth Certificates in Venezuela

Legal Basis

  • Article 16 (LOPNA): Right to a name and nationality for all children and adolescents.
  • Article 17 (LOPNA): Right to immediate identification after birth. The State must ensure mandatory and timely identification, linking newborns with their mothers.
  • Article 18 (LOPNA): Right to free registration in the Civil Registry immediately after birth.
  • Article 56 (CBRV): Right to a proper name, parental surnames, and to know parental identity. The State guarantees the
Read More

Universal Declaration of Human Rights: Full Text

Posted by on Dec 4, 2024 in Law & Jurisprudence | 0 comments

Preamble

Adopted and proclaimed by the General Assembly in its resolution 217 A (III) of 10 December 1948.

Whereas freedom, justice, and peace in the world are based on the recognition of the inherent dignity and the equal and inalienable rights of all members of the human family;

Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom

Read More

Transferring Business Ownership: Sale, Lease, and Inheritance

Posted by on Dec 4, 2024 in Law & Jurisprudence | 0 comments

Sale of Company:

The typical inter vivos business transfer involves a trading company. The sale and purchase agreement, intended to be mutually beneficial, serves as a model for resolving issues common to all inter vivos company dispositions. Spanish law doesn’t regulate business sale agreements, making them atypical contracts. Legal doctrine considers them special purchases due to their subject matter. This complexity extends to the entire contract structure. The bargaining type is determined by

Read More