Law On Obligations And Contracts Hector De Leon Pdf Rar
In addition, this involves a procedural issue since the trial was completed in an ordinary court of law and not in a higher court. When the lawyer is hired to act in relation to his client, he becomes obligated to honor his promise. This obligation is called, for short, "obligation of contract". By analogy, it is possible to speak of other obligations. Thus, every human being is legally bound to conduct himself or herself in such a way as to honor his or her obligations. The obligation to honor a promise is a duty not obligatory but optative. For this reason, "obligation" and "duty" are not synonyms. Due to the fact that the contract is not always considered to be valid, a lawyer hired to act on behalf of his client, may also have a duty to the client. This duty is a legal duty, which arises from the law. In this case, he is obliged not to betray his client. If he does so, he may be subject to criminal prosecution, if he is a lawyer. If he is not a lawyer, it may have serious consequences for his reputation or even for his professional status. In addition, this client may prosecute his attorney. If the defendant is not a lawyer, he is exposed to a fine. In civil law systems, when a party has sought the assistance of a lawyer, the contract is not regarded as valid. This does not imply that he cannot seek the assistance of the same lawyer for other matters and it is perfectly in accordance with the law that he does so. When a lawyer, acting on behalf of his client, makes a promise, he becomes legally bound to honor it. This contract may be oral or written. The lawyer may thus have the obligation of contract to act as he has said he would do. For a contract, the theory of contractus pendens is valid. This theory states that the conduct of the contracting parties is not sufficient to conclude the contract. It is not sufficient that they perform acts that are called for by the contract. In addition, it is necessary that they clearly indicate their consent to contract, by words or acts. This fact is not capable of being made subject to silence or to a lack of consent. In the case of contracts concluded in writing, consent of the contracting parties must be shown in writing or by a previous oral agreement. Consent may be shown by the signing of the contract. When it is shown by words and acts, it is valid.