Contract: Legal Agreement for a common benefit
Introduction
Personally, indicating that concurrent desires do not matter this legal fact, but a different class that he calls ‘collective act’, in which the desires run in a similar nature, are equally restrained and must add a position that tend to compensate for interestSimultaneous also states that of associative contracts, the company form in its various sub-species, for example, the association in participation, certain agricultural contracts, and from the insurance place of panorama, the economic coalitions, known under the faculty ofconsortiums. Also, in the short journeys made by the authors with a correlation to the prosperity of corporate law.
Developing
It is allowed to glimpse, for example, that in the doctrine of French law, an exact discernment of the idea of profit and non -profit association is demonstrated, with or without legal personality according to its patrimonial repulsion, lack of lack ofpersonality personally in the regulatory procedure, however recognized regarding liquidation. At the same time, as regards the doctrine of German law, an extensive knowledge of society is pointed out that may or may not have benefit purposes, without granting personality that is organized with a precise sense, generating it for capital societies with patrimonial obstruction with heritage obstruction.
In approximate sign to American and French systems. As we will see in Swiss law, the fund is known in a similar way to German, but gathering the doctrinal foundation of this right terminal normatively. Currently, with the identification and lighting in the Swiss method, the Italian Civil Code is dictated, which applies to establish in registered societies those that carry out financial diligence and depart from the extensive discernment of society to the shops and to the company in participation. The current German theory understands that every cycle farmly, a reference in permanence contracts.
Those in what the practice is not at the moment, but the period extend, the two parties require the assistance of the other while the performance of the benefits. This cooperation leads to the parties to achieve duties beyond the figure of the contract, dominating the oppression of words, there is a filter and manageable way against impediment in the realization and especially in the face of the obstacles that could disturb. The parties begin since when they are in this way as partners, co -participants of a cooperation loop, together around a usual company, so the Americans call ‘Partnership’ and the Germans ‘Zusammenarbeit’.
Independently we could interpret as the ‘joint work’. Benavides Torres. Currently in the current skill has verified that a usual exercise can be deployed with the same familiarity and disbursement as that shown by the partners of a company, with the similar ‘Affectio Societatis’, without insufficiency of forming a new company or opening to openThe capital of a current to the new shareholders. For Juan m. Farina, associative contracts forms multilateral contracts in a functional sense and collaboration. The General Law of Societies today in our nation.
They are required through the parties are associated by maintaining unity which their own identification or legal personality, concluding a usual exercise, and with the current just of achieving a financial good. For Montoya Manfredi, the one who creates and regulates relationships of participation and integration into determined businesses is considered, in common interest in the intervenings. Likewise, said contract does not generate a legal entity, however, it must be recorded in writing and is not subject to registration in the registry. It should be added that in associative contracts, the parties are forced to comply with, capital contributions.
Goods or services established in the contract. If the amount of contributions had not been adapted, the parties are obliged to verify those necessary for the execution of the exercise or company. In symmetry to your contribution in profits. The delivery of capital, goods or the provision of services, will be made in compliance, place and form established in the contract. In the absence of clause, the rules for the contributions established in the law govern, as applicable. In the next part, we can show that associative contracts consider to form and regulate commercial or business links through the members of the contract.
Who will develop an exercise or society to achieve a contiguous utility. The other particularity is very significant therefore originates large confusion in the command of contracts. The General Law of Companies, through business collaboration contracts a legal entity is not created. Indeed, although they have as a matter the development of a joint industrial occupation of the people, the business collaboration contracts do not generate a legal entity, so that the pieces of the contract maintain their legal and patrimonial freedom. This peculiarity of business collaboration contracts.
It generates that the facts that are held with third parties to transfer the year, have a consequence in front of all participants, with the style of the association contract in participation. As we will review there, to associate you only work acts with third parties. What we see Baza, in their relations with third parties there is no freedom of assets between the members and the business collaboration contract, as in effect exists between the partners of a company constituted according to the General Law of Societies and Society. The last peculiarity with which the law sets to business collaboration contracts is prudence.
conclusion
The General Law of Companies differentiates two modalities of associative contracts, they are the association in participation and the consortium, there is no obstacle for collaboration contracts that do not properly agree in the detail contained in the law for the aforementioned contracts referred to. In the following we will see the measures of the two modalities of associative contracts that regulates the General Societies Law: The Association Contract in Participation is one by which one person, called associate you, grants another or other persons, called associates, a participationin the result or in the profits of one or more businesses.
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