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An effectively implied contract resulting from the circumstances is a genuine contract, whereas a legally implied contract is in fact a legal obligation that is treated as a contract only for the purpose of an appeal. With respect to the contracts actually implied, the treaty defines the obligation; In the case of quasi-contracts, the obligation imposes the agreement on the parties. Reform reform is a fair way that is used if the written agreement does not correspond to the contract actually entered into by the parties as a result of fraud or a reciprocal error in the development of the original document. Quasi-contractual relief from the reasonable value of the services provided is also available, but only applies in the absence of an enforceable contract. The purpose of a contract is to conclude the agreement reached by the parties and to define their rights and obligations in accordance with this agreement. The courts must apply a valid contract in its current form, unless there is reason to exclude its performance. The interim conditions discussed in the preliminary negotiations are supplemented by the provisions of the contract executed by the parties. The Parol Evidence rule regulates the admissibility of evidence other than the actual agreement in the event of a dispute over a written contract. When the parties recall in writing their agreements, all prior oral and written conventions as well as all concomitant oral agreements in writing, also known as integration, merge. The written contract cannot be modified, amended or amended by oral evidence, provided it has been legally executed by a person intending to represent the definitive and complete expression of his contract design. However, this is not the case when there was an error or fraud in the development of the document.

The conclusion of a legal contract is conditional on an offer, acceptance, competent parties who have the legal capacity to contract, the legitimate purpose, the reciprocity of the agreement, reflection, reciprocity of the undertaking and, if required by the fraud law, a letter. The courts are not allowed to enter into a contract for the parties. If the parties do not have an explicit or tacit agreement on the essential terms of the contract, there is no contract. Courts have the power only to apply contracts for the parties, not to write them down. To be enforceable, a contract must be valid. The Tribunal`s role is to enforce agreements only if they exist and not to create them by imposing conditions that the court deems appropriate.

Por | 2021-04-12T10:38:22+00:00 abril 12th, 2021|Sem categoria|0 Comments

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