Archive for the ‘Agreement’ Category

When we speak of obligations in question are those that have already been the subject of a lawsuit, and dubious, are those that are questionable, its object is not susceptible of determination given or unquestionable, and that can lead to initiate a lawsuit. If there is an open court case, the transaction can only take place in the record presenting to judicial approval. If no lawsuit is called settlement. Concessions should be mutual, otherwise, if the creditor for example, to relinquish its claim waiver of the right was doing, which is another means of extinguishing obligations, and if only the debtor to give up your order, and pave the demand of the plaintiff, would acknowledgment of debt.

In these cases, to dissolve the obligation, the parties may agree, or make a contract, and give each a part of their claims. For example, a person calls another a debt principal and interest by weights ten thousand. The defendant contends that the debt is pesos seven thousand, as he made a payment in dollars three thousand proof of payment which is of doubtful acceptance trial vitiated by a lack of form. The creditor is not certain that this proof of payment will be rejected and the debtor not to be accepted. To avoid delaying the matter and not be sure that their claims will be received, the parties may agree to cancel debt for example eight thousand five hundred pesos.

If any provision of the transaction is null and void the entire contract. The interpretation of the clauses should be restrictively. They can be traded things that are in trade and civil, administrative or contentious labor but not criminal, nor those on the validity or nullity of marriage, unless they are not resolved in favor of validity.

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