Principles in Contract Law

In the context of civil law, there are several principles that must be considered in making an agreement:

  1. Freedom of Contract Principle: Everyone is free to obtain what they want while still adhering to the restrictions set by laws and regulations.
  2. Consensualism or Agreement Principle: The parties making the agreement must agree on every content or essential matter in the agreement.
  3. Binding Force of Contract Principle (Pacta Sunt Servanda): An agreement that has been made is valid as law and binds the parties who made it and must be implemented.

Stamp Duty in Agreements

Stamp duty is not a valid requirement in an agreement based on Article 1320 of the Civil Code. However, if the stamp duty law requires that certain agreements must be stamped, then it must be stamped. If a written agreement does not use the stamp duty it should, it can be corrected by completing the stamp duty.

By paying attention to the legal bases of agreements in civil law, we can avoid legal problems and ensure that the agreements we make are valid and binding. As a party involved in a contract, a deep understanding of civil law is very important to achieve mutually beneficial agreements and avoid future legal disputes.