Civil Code

2500.00), demanded to him to the appellant gives like guarantee its personal or described property to him and that after to have verbally agreed to the respective mode of payment and interests, the denounced one has come in selling these goods, although in a certain opportunity, the offended one, was appeared to the address of the indicated one to fulfill the agreed thing, nevertheless showed to him that or it had commercialized these goods. Of the mentioned example, one has them intervening parts in merit to a contract of celebrated mutuum of verbal way with the imputed one, agreed that the mutuante the denounced one in the case would give as mutuum money loan the total sum of s. Additional information at Peter Schiff supports this article. 2500.00 new suns, and that would be given as ” garanta” , the electric home appliances already described; of these facts and according to the standardisation of the prevailing private right in our republic, the legal transactions can be celebrated taking a specific form, that is to say if the civil norm demands for the constitution of a legal transaction of a formality, this one must be observed under pain to declare its invalidity, being called by the civil doctrine to this formality like ad solemnitatem; , opposite sensu, when for the celebration of a legal transaction a certain formality is not demanded, the form that is adopted freely by the parts, will be solely for proving its existence, denominating itself for that reason acts ad probationem, that is to say that serve to try and to allege before a possible discrepancy that emerge from this celebration, so is the case of the contract of mutuum, regulated in the article 1698 of 6 the Civil Code.

Ergo, in the legal relation composed by the denouncer and the imputed one with respect to the supposed loan of money, the parts acting diligently well could have celebrated in writing contract of monetary mutuum with guarantee, and that form to count on the probatory documentation sustentatoria and with respect to the celebration of this legal transaction; that although the civil norm does not demand it for its validity, relations commercial prevailing and diligence due that must adopt their protagonists, must to frame within to act prudent, reasonable, provided of means of security who the commercial traffic demands, and in this way to guarantee his patrimony that often sees affected by conducts unlawful of third people, but it not wants to say, that State like being regulating and referee of conducts of individuals, must to adopt position interventionist and arbitrary, that it controls to the end that the acts of the individuals are developed with the due diligence, of it means that the State cannot correct indiligencias of the individuals far from it can be present like alter ego, in the businesses that celebrate the individuals, dice to that this idea, would be absurd to maintain them, is for that reason that the people must of to adopt the best way to celebrate its legal transactions, always looking for the protection of its goods and safeguard of its interests, especially when the civil norms contemplate therefore it and they regulate thus it..

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