Obligaciones Civiles Manuel Bejarano Sanchez: The Ultimate Resource for Lawyers and Students
Obligaciones Civiles Manuel Bejarano Sanchez PDF: A Comprehensive Guide to Civil Obligations in Mexico
If you are interested in learning about the legal system of Mexico, especially the branch of civil law that deals with obligations, you may want to read Obligaciones Civiles Manuel Bejarano Sanchez PDF. This book is a classic reference for students, lawyers, and scholars who want to understand the principles, sources, and effects of civil obligations in Mexico.
Obligaciones Civiles Manuel Bejarano Sanchez.pdf
What are Obligaciones Civiles?
Obligaciones Civiles are civil obligations, which are defined as legal bonds that arise from a lawful act or omission, and that compel a person to give, do, or not do something in favor of another person. Civil obligations are one of the main subjects of civil law, which is the branch of law that regulates the relations between private individuals or entities.
What is the purpose of Obligaciones Civiles Manuel Bejarano Sanchez PDF?
Obligaciones Civiles Manuel Bejarano Sanchez PDF is a book that aims to provide a comprehensive and systematic study of civil obligations in Mexico. The book covers the general theory of obligations, as well as the specific types and sources of obligations, such as contracts, torts, quasi-contracts, and legal acts. The book also analyzes the effects and extinction of obligations, as well as the remedies and sanctions for breach of obligations.
Who is the author of Obligaciones Civiles Manuel Bejarano Sanchez PDF?
The author of Obligaciones Civiles Manuel Bejarano Sanchez PDF is Manuel Bejarano Sanchez, who was a distinguished Mexican jurist and professor. He was born in 1915 and died in 2004. He graduated from the National Autonomous University of Mexico (UNAM) with a degree in law and a doctorate in jurisprudence. He taught civil law at UNAM for more than 50 years and wrote several books and articles on various topics of civil law. He was also a member of the Mexican Academy of Jurisprudence and Legislation.
How can you access Obligaciones Civiles Manuel Bejarano Sanchez PDF?
Obligaciones Civiles Manuel Bejarano Sanchez PDF is available online for free download. You can find it on Google Drive or on the website of the UNAM. You can also buy a printed copy of the book from various online or physical bookstores. However, you should be aware that the book is written in Spanish and may not have an English translation.
What are the benefits of reading Obligaciones Civiles Manuel Bejarano Sanchez PDF?
Reading Obligaciones Civiles Manuel Bejarano Sanchez PDF can help you gain a deeper and broader knowledge of civil obligations in Mexico. You can learn about the historical and theoretical foundations of civil obligations, as well as the practical and current applications of civil obligations in various scenarios. You can also improve your legal reasoning and argumentation skills by studying the examples and cases that the author provides. Moreover, you can enrich your legal vocabulary and terminology by familiarizing yourself with the technical and legal expressions that the author uses.
What are the main types of contracts in Obligaciones Civiles Manuel Bejarano Sanchez PDF?
Obligaciones Civiles Manuel Bejarano Sanchez PDF classifies contracts into four main types, according to their nature and effects. These are:
Unilateral and bilateral contracts. A unilateral contract is one that creates obligations for only one of the parties, while a bilateral contract is one that creates obligations for both parties. For example, a donation is a unilateral contract, while a sale is a bilateral contract.
Onerous and gratuitous contracts. An onerous contract is one that involves a benefit and a burden for both parties, while a gratuitous contract is one that involves a benefit for one party and a burden for the other party. For example, a lease is an onerous contract, while a loan is a gratuitous contract.
Commutative and aleatory contracts. A commutative contract is one that involves equivalent and certain benefits and burdens for both parties, while an aleatory contract is one that involves uncertain and unequal benefits and burdens for both parties. For example, an exchange is a commutative contract, while a lottery is an aleatory contract.
Principal and accessory contracts. A principal contract is one that exists by itself and does not depend on another contract, while an accessory contract is one that exists to secure or complement another contract. For example, a purchase is a principal contract, while a mortgage is an accessory contract.
What are the main sources of torts in Obligaciones Civiles Manuel Bejarano Sanchez PDF?
Obligaciones Civiles Manuel Bejarano Sanchez PDF defines torts as unlawful acts or omissions that cause damage to another person's rights or interests, and that give rise to civil liability. The book identifies three main sources of torts, according to their origin and intention. These are:
Intentional torts. These are torts that result from the deliberate will of the agent to cause harm to another person. For example, assault, battery, defamation, fraud, etc.
Negligent torts. These are torts that result from the lack of due care or diligence of the agent to prevent harm to another person. For example, medical malpractice, car accidents, slip and fall, etc.
Strict liability torts. These are torts that result from the mere fact of performing certain activities or owning certain things that are considered dangerous or risky for others. For example, animal bites, product liability, environmental damage, etc.
What are quasi-contracts in Obligaciones Civiles Manuel Bejarano Sanchez PDF?
Quasi-contracts are legal acts that create obligations without the consent of the parties, but based on the principles of equity and justice. They are also called legal acts or unilateral acts. Obligaciones Civiles Manuel Bejarano Sanchez PDF explains that quasi-contracts are sources of obligations that aim to prevent unjust enrichment or undue loss for one of the parties. The book mentions two main types of quasi-contracts, according to their nature and effects. These are:
Negotiorum gestio. This is the voluntary management of another person's affairs without their authorization or knowledge, but in their best interest. For example, paying someone's debts, repairing someone's property, etc. The person who manages the affairs is called the gestor, and the person whose affairs are managed is called the dominus negotii. The gestor has the right to be reimbursed for the expenses and damages incurred in the management, and the dominus negotii has the obligation to accept and ratify the management.
Solutio indebiti. This is the payment of something that is not due or that has been paid by mistake. For example, paying a debt twice, paying a debt that has been extinguished, paying a debt that belongs to someone else, etc. The person who pays something that is not due is called the solvens, and the person who receives something that is not due is called the accipiens. The solvens has the right to recover what has been paid, and the accipiens has the obligation to return what has been received.
What are the effects and extinction of obligations in Obligaciones Civiles Manuel Bejarano Sanchez PDF?
Obligaciones Civiles Manuel Bejarano Sanchez PDF explains that the effects and extinction of obligations are the consequences and modes of termination of the legal bonds that bind the parties. The book distinguishes between two types of effects and extinction of obligations, according to their scope and nature. These are:
Direct and indirect effects. Direct effects are those that affect the parties directly involved in the obligation, such as the creditor and the debtor. For example, the right to demand performance, the duty to perform, the right to compensation, etc. Indirect effects are those that affect third parties indirectly involved in the obligation, such as heirs, assignees, guarantors, etc. For example, the right to subrogation, the duty to indemnify, the right to recourse, etc.
Natural and legal extinction. Natural extinction is the termination of the obligation by the fulfillment of its object or purpose. For example, payment, delivery, performance, etc. Legal extinction is the termination of the obligation by a legal cause that renders it ineffective or impossible. For example, prescription, novation, remission, etc.
What are the remedies and sanctions for breach of obligations in Obligaciones Civiles Manuel Bejarano Sanchez PDF?
Obligaciones Civiles Manuel Bejarano Sanchez PDF describes the remedies and sanctions for breach of obligations as the means and measures that the law or the parties provide to protect the rights and interests of the creditor in case of non-performance, defective performance, or delayed performance of the obligation by the debtor. The book identifies four main types of remedies and sanctions for breach of obligations, according to their function and effect. These are:
Specific performance. This is the remedy that consists in compelling the debtor to fulfill the obligation exactly as it was agreed or stipulated. For example, delivering the goods, rendering the service, executing the work, etc. This remedy is based on the principle of pacta sunt servanda (agreements must be kept).
Damages and interests. This is the remedy that consists in compensating the creditor for the loss or injury caused by the breach of obligation by the debtor. For example, paying a sum of money, repairing a damage, restoring a benefit, etc. This remedy is based on the principle of reparation integralis (full reparation).
Penalty clause. This is the sanction that consists in imposing a penalty on the debtor for the breach of obligation, which may consist in paying a sum of money or performing an act. For example, paying a fine, forfeiting a deposit, delivering a collateral, etc. This sanction is based on the principle of voluntas facit legem (will makes law).
Rescission. This is the sanction that consists in terminating or dissolving the contract that gave rise to the obligation, due to the breach of one of its essential clauses by one of the parties. For example, canceling a sale, annulling a lease, revoking a donation, etc. This sanction is based on the principle of exceptio non adimpleti contractus (exception of non-performance of contract).
Conclusion
Obligaciones Civiles Manuel Bejarano Sanchez PDF is a valuable and authoritative book that offers a comprehensive and systematic study of civil obligations in Mexico. The book covers the general theory of obligations, as well as the specific types and sources of obligations, such as contracts, torts, quasi-contracts, and legal acts. The book also analyzes the effects and extinction of obligations, as well as the remedies and sanctions for breach of obligations. The book is written in a clear and rigorous style, with numerous examples and cases that illustrate the practical and current applications of civil obligations in various scenarios. The book is suitable for students, lawyers, and scholars who want to understand the principles, sources, and effects of civil obligations in Mexico. b99f773239