Liabilities when Conducting Agreement
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.
Nor is the settlement in case involving parental rights, family status on its own, or claim affiliation. If a transaction is valid extinguishes the obligation between the parties, with the effects of rest judicator, the guarantor also being careless, because there is no obligation. With regard to joint and several liabilities, the transaction made by a debtor or creditor benefits others, but he can not be used against them.
Other causes that empower rescind the transaction are that had been based on a zero degree, or subsequent discovery of documents, or when the subject of the lawsuit had already been the subject of sentence, whether that fact was ignored by the party requesting the annulment of of the transaction.
In the latter case if the questionable value of the object is greater than two hundred dollars must be in writing. It also clarifies that can not compromise the validity of the marriage or the civil status of persons, or criminal proceedings. With respect to the guarantor states that one is bound by the transaction if you give your consent. It also gives them the terms of the transaction agreement restrictive interpretation, and that the invalidity of one of them, cancel the whole transaction.
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Posted in Agreement, Transaction | 
Tags: Contract, Debt, Determination, Obligations, Principal and Interest, Trade and Civil, Transactions
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