Guia de Marco Legal

1- Characteristics of Juridical norms?

Bilateral: second and third Parties can participate
External: what matters is your performance in the material world
Coercible: legal force can be applied on you
Heteronomous: State will enforce performance

2- What’s the difference between legal norms and social norms?

Moral Norms
● Unilateral: It doesn’t depend on other parties
● Internal: Beliefs are what matters
● Incoercible. No legal force can be applied
● Autonomous: Solemnly depends on you

Legal norms are set of rules to ensure adequate behavior with society and misbehavior
will be punishable according to this norms

3- Are legal norms theoretical or ideal? Yes, no and why?

4- What does the characteristic of bilateral mean?

A legal relationship of rights and obligations between two parties.

5- What does the characteristic of externality mean?

Legal. What matters is what can be seen, not what you think.

6- What does the characteristic of generality mean?

1. Se dirige a todas las personas o a todo un grupo de personas que encajan a
ciertos grupos de hipótesis.

7- What does the characteristic of abstraction mean?

1. Se formula y promulgar de manera independiente de los objetos y sujetos
concretos que regulan.

8- What does the code of commerce regulate?

It regulates the transfer or sale of personal property

9- What is personality in law?

Entities endowed with juridical personality who are know as COLLECTIVE PERSON,
SOCIAL PERSON or LEGAL ENTITY

10- Natural persons start when?

A human being, different from a corporation (often treated at law as a fictitious person)
A human being, who is an individual being capable of assuming obligations and capable
to holding rights
 11- Why is knowing when a person dies impudent for the law?
It's important to know when a person dies, so the necessary legal arrangements can be made
on behalf of the deceased; after their death, the deceased’s patrimony may be transferred to
his/her next of kin, as well as used to pay existing debts.

12- What are the attributes of natural persons?

● Capacity
○ Legal capacity is the attribute of a person who can acquire rights, or transfer
rights, or assume obligations, (with your own free will) according to the mere
dictates of his own will, as manifested in juridic acts, without any restraint or
hindrance arising from his status or legal condition.
○ By mere existence one is recipient of rights and obligations, and, if overage,
one can exercise those rights, save a few exceptions.
○ Estado de Interdicción: when you don’t have the
● Name
○ The designation of an individual person, or of a firm or corporation. In law, a
man cannot have more than one Christian name. We cannot hold two identities.
○ Individualization “to make (something) different from other things”
● Address
○ Address is used for purposes such as for serving a notice or for tax reporting.
○ An address is used to determine one’s state of legal residence and the state
laws to calculate tax. A legal address may include a property’s lot number,
block number or district number.
● Patrimony
○ Patrimonium - referring to the mass of good, rights and obligations belonging
to one person, may it be a natural or a juridical person.
○ The notion is commonly used to designate things susceptible of economic
valuation.
● Status
● Nationality

13- What are the attributes of legal persons? (study definitions of the attributes)
● Capacity
● Name
● Address
● Patrimony
● Nationality
14- Do moral obligations create civil obligations? Yes, no and why?
Son las obligaciones morales o de conciencia, que debe generar una transmisión
patrimonial y el derecho se ocupa de ello para darle eficacia. (Justa causa = obligación
moral)
La obligación moral crea una obligación civil. Commented [1]: Oigan eso fue lo que encontré pero de
una lectura una que fue de este libro: Derecho civil.
Manual de derecho de obligaciones
 Si, porque está implícita, con objetivo indirecto, impuesta por la sociedad (civil)
y causa obligaciones ante el comportamiento de quien ejerce el derecho (dar,
hacer y no hacer).

15- What is the definition of an obligation?

Obligation is a legal relationship under which a subject (debtor) has the legal duty of
performing certain acts in benefit of another (creditor). - this creates legal consequence.

16- What are the sources of obligations?

● Law: those obligations attributed to a person who fails under a certain hypothesis.
● Contracts: legal acts that are nominated in the law and that produce legal
consequences. (lease, sales and fright).
● cuasi contracts: voluntary and licit acts that result in the creation of obligations
(business management).
● Crimes: crimes yield civil obligations, for instance, someone driving their car and
accidentally running over someone.
● Involuntary acts (fault or negligence): involuntary acts yield civil obligations.
● Legal act (contractual): contractual, unilateral, voluntary, declaration.
● Legal fact (extracontractual): illegitimate enrichment, business management.
● Pacta sum servanda: obligations exist to be fulfilled.

17- What is the object of any obligation?

To do, not to do and to give.The object of any obligations must be determinate, political,
and licit.

19- What is a divisible obligation?

Its an obligation in which the burden can be divided between all debtors.

20- What is an alternative obligation?

That in which the debtor has the opportunity to choose what obligation to fulfill.

21- What is a facultative obligation?

The debtor is allowed to fulfill the obligation by performing another one without being
expected.
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22- What is an instantaneous obligation?
An obligation that is fulfilled or payed immediately.

23- What is a periodical obligation?

It follows a term or pattern. (mensualidades de un carro, colegiatura, etc.)

24- What is a pecuniary obligation?

An obligation that involves money; you have to submit a payment.

25- Define a contract.

An agreement between two parties creating mutual obligations enforceable by law.
 26- Difference between a contract and a juridical fact.
In a contract there is the consent and will of signing it, in the other hand, a juridical fact is
an occurrence that happens but you don’t have the will.

27- What is a promissory contract?

A contract whereby a future contract is promised, also referred to as a preparatory
contract.

28- What are the existence elements of a promissory contracts?

● object: the signing of a future contract.
● term: a future date (condition).
● formalities: must be written, must refer to a future final contract, money has to be
surrendered as a warranty.
29- A promissory contract can be terminated by what reasons?
● Extinction
● payment
● repossession
● compensation
● confusion
● novation
● condonation
● statue of limitations Commented [2]: esto es de fulfillment of obligations,
pero no encontré el motivo de terminación de los
promissory contracts, yo digo que si pueden ser estos
30- Define the sales contract.
Legal act by which a party (seller) agrees to transfer a right or surrender a good and a
party (buyer) agrees to pay a certain prices, a fixed sum or money in exchange.

31- Define the swap contract.

Contract whereby each party agree to transfer the ownership of one thing in return for another.
Put in simple words, the legal act of changing a good for another good.

32- Define the donation contract.

Donation is a contract through which the property of an object is given from the donor to the
donee or beneficiary for free.

33- What is a mutual contract?

A type of contract whereby a party named lender agreed to transfer the ownership of a
sum of money or fungible goods to a party called borrower who is in turn obliged to return
the sum or the same amount and quality of goods.
*Not an actual exchange, or lending: but it is the obligation of returning the same amount.*

34- What are the types of mutual?

● Simply The loan is gratuitous (there are no interests)
● With interests The loan causes a credit.
● Civil Regulated by the Civil Code.
● Commercial Regulated by the code of commerce.
 ● Habilitation (Mutuo de habilitación) Loans that must be destined to invest in raw
materials, payroll, and direct business expenses.
● Financial (Credito refaccionario) Loans that must be destined in fixed goods,
machinery, cattle
● Credit To be used in what the parties decide and that much be paid back with interests
and commissions
. *2 most importants classes: credito de habilitacion, y crédito refaccionario*

35- Define bond, mortgage, lease.

Mortgage: Legal act that charged a good property of a debtor in favor of the creditor as
security for a debt (especially one incurred by the purchase of the property), on the
condition that it shall be returned on payment of the debt within a certain period.

Lease: when the contracting parties acquire reciprocal obligations, one to concede the
temporary use and enjoyment of a good, and the other, to pay a price for that use and
enjoyment.

Bond: is a guarantee the terms of a contract are fulfilled. If the contracted party fails to
fulfill its duties according to the agreed upon terms, the contract “owner” can claim against
the bond to recover financial losses or a stated default provision.

36- Define the transport contract. (fright)

Contract whereby a party agrees to do a freight (to transport) in favor of another party
receiving financial compensation in exchange.

37- Define pledge. (Prenda)

A real right constituted over alienable movable property to guarantee the fulfilment
of an obligation and payment preference.
Why is it a real right?
It is a real right because it is constituted over a “res” (latin for thing) the object that
is the collateral with which the performance is secured
If the debtor fails to perform, the creditor may auction the pledged good to raise
payment from its sell of

38- What are negotiable instruments?

“ Those documents that entitle the legitime holder to receive a benefit from the
debtor and to transfer the literal and autonomous right embedded to the very
document”
-Rafael de Peña

Documents that deliver a person to another which he contracts the obligations to

pay him an amount of money, and can be transferred

39- What are the types of negotiable instruments?

● Public – Private
 ○ Public negotiable instruments. Those generated by the State or its
institutions (State bonds)
○ Private Negotiable Instruments. Those generated by persons (natural
or legal)
● Order or bearer
○ Payable on order Instruments. Those generated in favor of a person
whose name is stated on the text of the document
○ Payable to the bearer instruments. Those generated in favor of an
unspecified person by stating the phrase “to the bearer”.
● Individual or serial
○ Individual negotiable instruments. (Singular) are those generated for a
concrete case or person.
○ Serial or mass negotiable instruments. Are those generated for a
plurality of undefined persons, like the stocks of a moral person such as
a limited company.
● Simple or complex
○ Simple negotiable instruments. Those that create a single benefit (like
the promissory note or IOU).
○ Complex negotiable instruments. Those the create a series of benefits
like stocks (right of vote, the property of the stock, etc).
● Paying or credit
○ Paying negotiable instruments. Those that represent money payable
any time in a financial institution (check).
○ Credit negotiable instruments. Those that represent a credit operation
and are payable when after a certain period. (IOU and trade bills).
● Main or accessory
○ Main negotiable instruments. Those that do not depend of another
negotiable title, they create rights and obligations by themselves
○ Accessory negotiable instruments. Those are under another main credit
instrument (Depository receipt)

40- What are the characteristics of negotiable instruments?

● Incorporation
○ Meaning a right (benefit) is incorporated to the title, it is one with the document,
and the right (benefit) cannot be executed without the actual title.
● Legitimation
○ Meaning the negotiable title grants its legal tenant the right to demand the right
(benefit or benefits) embedded in it.
● Autonomy
○ Meaning that the right embedded to the title is autonomous, and is transmitted
to the new title tenant
■ It means the right embedded to the negotiable title is not linked to the
person.
● Literality
○ Meaning the right (benefit) is determined by the text, the wording.
■ It cannot be implied the name of the title has to be on the text (Bond,
Mortgage bond, check, promissory note…)
 41- What are the characteristics of the bill of exchange, check and promissory note?

Bill of exchange The maker (girador), creates a negotiable instrument called Bill of exchange,
that orders a third-party unconditional payment in favor of the beneficiary.

● Requirements:
○ Saying it’s a Bill of exchange, in must be written on the very document.
○ Date and place where it was drawn.
○ The unconditional order of paying a concrete sum of money.
○ Named of the Billed person.
○ Date and place where it will be payed
○ Name of the Beneficiary.
○ Signature of the biller.

Check Is a credit instrument that can only be issued by a credit institution, so it is necessary
to have an account with the bank, so that the funds are withdrawn from it. Therefore, the check
is a credit certificate issued by a banking institution who, prior the existence of funds available
in it, is authorizes the drawing of checks to his charge.

● Requirements:
○ Saying it’s a check, it has to be written at the very document.
○ Date and place where it was drawn.
○ The unconditional order of paying a concrete sum of money in number and
letter.
○ Named of the beneficiary.
○ Place where it will be payed.
○ Signature of the biller.

Promissory note, IOU. (Pagaré) A promissory Note is a negotiable instrument whereby a

person(drawer or signer) agrees to pay to another (holder), to his order, amount of money at
a specific time and place.
● Requirements:
○ The mention of being a promissory note, insert in the text of the document.
○ The unconditional promise of paying a certain sum of money.
○ The name of the person whom the payment is to be made.
○ The time and place of payment.
○ The date and place where the document is signed.
○ The signature of the subscriber. (debtor)

42- How do we endorse negotiable instruments?

● To makeover to another (the value represented in a check, bill or note) by inscribing
one’s name in the document.
○ Endorse in property: It is the one that transmits the ownership of the title and
all the rights that the document represents.
 ■ As in all type of endorsements, the material delivery of the title or
document is necessary for the operation to be completed
○ Endorsement for enforcement: contains the clauses “in procuration” or “for
collection” or equivalent phrasing.
● This type of endorsement does not transfer the ownership of the title, it only gives the
endorsed the authority to present the document for it to be payed, or to manage or
process its collection extra juridical means if necessary.

43- Define business act.

An act of commerce is a juridical act defined as mercantile by the law. Any act of
commerce will be inherently ruled by the code of commerce and not by the civil
code.

44- *Study art.75,76 of code of commerce*

art. 75- La ley reputa actos de comercio:
Todas las adquisiciones, enajenaciones y alquileres verificados con propósito de
especulación comercial, de mantenimientos, artículos, muebles o mercaderías, sea
en estado natural, sea después de trabajados o labrados.

art. 76- No son actos de comercio la compra de artículos o mercaderías que para su
uso o consumo, o los de su familia, hagan los comerciantes: ni las reventas hechas
por obreros, cuando ellas fueren consecuencia natural de la práctica de su oficio.

45- 3 main characteristics of act of commerce

· Subject: mercantile acts conditioned by the subject are those juridical acts in which
the law requires the intervention of a merchant in order for it to be mercantile.
· Motive: the acts of conditional merchant by the end or motive are those juridical acts in
which the profit determines which mercantile laws will be applied.
· Object: conditional merchant acts conditioned by the object are those juridical acts that
depend on a mercantile thing like those of exchangeable titles.

46- What is a franchise?

A Franchise is a business model between two parties, franchisor and franchisee, it is a
right that the franchisor gives the franchisee to make use of a brand under certain terms
and conditions.

47- What are its characteristics?

● Systematization: It has to be the same process, quality and structure, for this the
franchisor produces manuals of each of its processes and that these become
homogeneous in each branch.
● Royalties: Monthly amount to be paid on gross sales.
● Advertising Fund: The monthly percentage that the franchisee pays the franchisor for
expenses of market persuasion.
● Entry fee: Fee to pay for the right of the mark.
● Initial investment: Installment fee.

48- What are its types?

● Commercial: The franchisor supplies the franchisor of the finished product. (Your work
is to sell them off)
● Corner: These are in self-service stores.
● Service: An intangible product is offered.
● Shop in shop: Located in department stores, the franchise adapts to the decoration of
the store.
● Turnkey: A business model where the franchisor grants the full establishment so that
the franchise can operate.
Temario:
Juridical norms
Social norms or legal norms
Point of view of Rafael Preciado about legal norms
Characteristics of legal norms.
Types of legal norms.
Characteristics o natural and legal persons.
Definition and characteristics of obligations
Types of obligations.
Contracts, definition, types.
Exchangeable titles, definition, history, characteristics, classes
Bill of exchange of the reading
Check
IOU
Endorsing of negotiable instruments.
Business acts, Characteristics
Accessory acts of commerce
Commerce and commerce in the law
Franchise

GUÍA DE MARCO LEGAL EXAMEN FINAL

1. Las características de las normas jurídicas: Coerción, externas , bilaterales,
heterónomas , generales , abstractas.

2. Diferencia entre norma jurídica y norma social:

Jurídica: real, inminente y proporcional, regida por la ley
Moral: retroactiva, por qué no existe fuerza legal, regida por la sociedad.

3. El fin que persigue el derecho según Rafael Preciado: La pacífica convivencia

en el orden, exige que todos los miembros de la comunidad se sometan a ese
orden, de grado de fuerza y que existe un órgano que garantice el cumplimiento
de las normas jurídicas por medios coercitivos.

4. ¿Que es la bilateralidad de la norma jurídica? Considerar dos partes: sujeto

obligado a cumplir la norma y el órgano del estado facultado para exigir y
asegurar su cumplimiento.

5. ¿Que es la generalidad de la norma jurídica? Se dirige a todas las personas o

a todo un grupo de personas que encajan a ciertos grupos de hipótesis.

6. ¿Que es la abstracción de la norma jurídica? Se formula y promulgar de

manera independiente de los objetos y sujetos concretos que regulan.

7. ¿Que regula el derecho del comercio? Relaciones que concierne a las

personas, lugares, contratos y actos de comercio terrestre o marítimo.
contratos compra venta etc.

8. ¿Que es la personalidad? Aptitud que tiene la personas de ser sujeto de

derechos y obligaciones, esta tiene inicio y fin.

9. ¿La persona concebida, es titular de derechos? si o no y porque:

Si, ya que se adquieren desde el nacimiento, entra bajo la protección del C.C.F
para los efectos declarados.’’

10. Importancia de determinar el momento de la muerte: Con ello se produce una

serie de consecuencias jurídicas sucesión.

11. Que es la capacidad de ejercicio?

La aptitud de una persona para adquirir derechos y asumir obligaciones > la
posibilidad de el poder ejercer por sí mismo los propios derechos.