Contract Classifications, Sales, and Leases in Civil Law
Classification of Contracts
Unilateral: Obligations are created for one of the parties (e.g., donation) and bilateral or synallagmatic for both (e.g., sales).
Onerous: There are reciprocal obligations, where the provision of one party is in consideration of the other (e.g., lease) and gratuitous, where there is no payment (e.g., donation).
Consensual: These are perfected by mere consent of the contracting parties (e.g., partnership) and real, which need the delivery of the thing to be perfected (e.
Read MoreAristotle’s Philosophy: Key Concepts and Ideas
Potency and Act
Aristotle explains change in nature through the structure of potency and act. Individual beings, in addition to matter and form, undergo transformations. In nature, individual beings are born and die; everything is evolving, everything moves. Potency is the set of possibilities that something contains. These possibilities are not yet developed but are inherent within. The act is the process by which the possibilities of a thing come true, where their contained capabilities are realized.
Read MoreDescartes’ Method: Rationalism, Doubt, and the Existence of God
Descartes’ Method: A Path to Certainty
The problem of modernity was to avoid error. To this end, a method of scientific research should be ordered. Descartes aimed to create a universal science of knowledge, and science was joined. But mathematics is not a single method. In addition, the contents are non-abstract and useful. He emphasizes the practical value of philosophy. The Greek contemplative nature of knowledge (theory) is lost. Descartes started from scratch. He did not have any confidence
Read MoreImmanuel Kant’s Philosophy: A Comprehensive Analysis
Kant: Your Ideas
Kant himself sums up the aim of his philosophy in three broad questions:
- What can I do?
- What should I do?
- What may I expect?
These three questions relate to a further, more abstract one: What is man?
What Can I Do? (Theory of Knowledge)
Metaphysics and science: What were the conditions of possibility of science as valid knowledge? Once learned, as science can only be done by assessing whether in metaphysics such conditions exist to determine whether knowledge can be scientific.
The elements
Read MoreState Power, Individual Rights, and Legal Systems
State Power: Arbitrariness and Limits
The problem of arbitrariness can be seen as the legal counterpart to the issue of the limits of state power against the individual. Arbitrariness has two aspects: the competence (staff, equipment, procedural) of state bodies and representatives, and the public attitude towards the exercise of that power. A third aspect is legitimacy, which relates to social justice, i.e., whether the application of positive law aligns with justice or legal justice.
Forms of the
Read MoreState and Human Rights: Essential Elements and Principles
Chapter XV: Elements of the State
Pre-Human State
Free and rational beings endowed with life within specific territories.
The Space Where People Live
To gather to form the state politically.
Consequential Determinants
- Political order
- Legal order
- Purpose of the state
Political theology of the government is a fundamental element of the state. The state is not just a group of men at one time, but a power that comes from it.
It is indispensable to study the individual. The human compensates this. Man is the foundation
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