General Provisions

Classes of elements of a contract

•  Essential elements are the fundamental requirements that must be present for a contract to be legally valid. They can be further categorized into:

   a. Common elements are found in all contracts, such as consent, an object, and a cause for the contract.

   b. Special elements are requirements that are specific to certain types of contracts, which can vary based on factors like the form (e.g., a written document for property donation), subject matter (e.g., personal property for a pledge), or the consideration or cause (e.g., the price and sale terms in a lease).

• Natural elements are assumed to be present in certain contracts unless the parties explicitly state otherwise. For example, warranties against eviction or hidden defects in a sale contract are considered natural elements.

• Accidental elements are additional provisions, stipulations, or conditions that the parties include in their contract to clarify, limit, or modify its legal effects. These may include conditions, timeframes, interest rates, penalties, and more. Accidental elements only exist if the parties expressly include them in the contract.

Two bases of contracts – The law and the will

• In descending order, the law imposes the essential elements upon the parties; presumes the natural; and authorizes the accidental.

• And conversely, the will of the contracting parties yields or conforms to, or respects, the essential; accepts, unless it rejects, the natural; and creates or establishes the accidental.