To explain what is a contract, we must necessarily give an overview advance on our legal system. Our law has a base or foundation called the National Constitution, which defines not only the republican system of government, but also establishes individual rights, they will be operational (or apply) to the extent provided by law that Congress enacted to regulate them. This final point has an important consequence which we shall return further: the established rights (life, freedom, voting, property, work, etc..) are not absolute or, put another way, can not be put forward at all times and against all but must have done so and the opportunity to dictate the laws and regulations.
This scheme democratic, republican, liberal, capitalist, has a second key component, the Civil Code, which is the pillar on which underpins all other branches of law. And it is this code that one of his articles states that "... The conventions are made in contracts for the parties to a rule which must be submitted as the law itself ..." Does this mean that us mere citizens, we can legislate? Yes, we can do for the relationship with that person with whom they contract. However, remember that we must do so within the framework of legal order or, which is, according to the established by the Constitution and laws.
In the next notes of this series will address topics such as types of contracts, the parts or sections that are made, how to test, some precautions to be taken before you sign, then turning to the more contracts usual.
Please consult your lawyer before confidence to sign a contract. Carlos Alberto Gemetro
Advocate
Bar Association of the Federal Capital
Volume 9 Folio 875 Ciudad Autónoma de Buenos Aires Argentina Republic
Contact: drgemetro@speedy.com.ar
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