There are contracts that include confidentiality and exclusivity agreements.
Contract is a term originating from the Latin word contractus that names the agreement or pact , whether oral or written, between parties that accept certain obligations and rights on a specific matter. The document that reflects the conditions of this agreement is also called a contract.
For example: "The Chilean player will sign the contract in the next few hours and will immediately join the team" , "Tomorrow we have to go to the real estate agency to sign the contract for the renewal of the rental" , "The company violated the conditions of the contract and will be fined .
The contract, an agreement of wills
The contract, in short, is an agreement of wills that is expressed jointly between two or more people (natural or legal). Its clauses regulate the relationships between the signatories in a certain matter.
When determining the content of any type of contract, we would have to make it clear that three fundamental elements must appear in it: the data related to the subjects who sign it; the pillars of the provision and consideration that are established; and the way in which approval is given by the two parties involved.
Negotiating a contract may include the intervention of a legal representative of one of the parties.
Classification according to type
There are many types of contracts that exist; However, among the most significant are the following:
- Private contract , which is the one made directly by the people who sign it.
- Public contract , which is authorized by public employees.
- Formal contract . In this case, it is the contract that, as established by the relevant legislation, has a specific form of consent on the part of the subjects involved in it.
- Bilateral contract , which is the one that establishes that those who sign them assume a series of obligations from that moment on.
The verbal contract , the written contract , the temporary contract , the indefinite contract and the civil contract are other types according to different classifications.
In real estate transactions, it is common for a purchase and sale contract to be signed.
Employment contract
One of the areas where the contract is most important is in the workplace , since the employment contract becomes the mechanism by which a company acquires the services of a worker and this, in exchange for a salary , assumes a series of tasks.
Specifically, within this sector we find indefinite contracts with bonuses, training, of a very specific duration , discontinuous permanent work, part-time work, for people with disabilities, relief work, for research personnel and indefinite ones without any type of bonus. inter alia.
Work in black
Working without a contract or blackmail is a problem for the employee . Without formal hiring, you lack legal protection to assert your rights, which means the employer can act arbitrarily.
The termination of the employment relationship , in this framework, can occur abruptly and unjustified, without the worker being able to access compensation . The lack of regulation of the employment relationship also means that the employee has no support to claim payments or to report abuses of any kind.
Suppose a man agrees, orally, to work six hours a day on a construction site for $10,000 a month. Three days later, the employer tells him that he will have to perform his duties eight hours a day for the same salary. A week later, he informs you that he will reduce his salary to $8,500 a month . In this context, the worker can only accept changes in conditions or lose their job without receiving any type of compensation or recognition. When an employment contract is signed , however, arbitrary modifications are not allowed: since there is an inequality of power between the employer and the employee, the legislation tends to protect the weaker party.
The legal effects of a contract
All contracts give rise to legal effects , which are the enforceable obligations established in their content. If a company agrees by contract to provide a certain service and then fails to fulfill that obligation , it is possible to sue that company. Failure to comply with the contract, therefore, carries a penalty .
Most legal systems require that contracts meet three requirements: consent (the will of the parties to accept the clauses), the object (the things or services that can enter the scope of commerce) and the cause . (the reason that leads the parties to enter into the contract). It is very important that the contracting parties know and understand the terms and conditions of the contract to act within the framework of the law.
There are various types of disability that render the contract without legal effect. Nullity is a generic situation that prevents the unfolding of the legal consequences of the agreement and takes it back to the moment of its conclusion. Termination , for its part, is another judicial declaration that annuls the contract, rendering it void.