Het of De Concept Contract
Afhankelijk van het aantal partijen dat aan het contract deelneemt, kunnen dit zijn: In this desired social contract, everyone will be free, because he will lose the same number of rights and impose the same obligations on everyone. Rousseau argues that it is absurd for a man to give up his freedom for slavery; Therefore, participants must have the right to choose the laws under which they live. Although the contract imposes new laws, including those that protect and regulate property, there are restrictions on how that ownership can be legally claimed. His example with the earth includes three conditions; that the land is uninhabited, that the owner claims only what is necessary for subsistence, and that work and culture confer legitimacy on property. De personen die bij een contract betrokken zijn, moeten zichzelf bekwaam achten en hun toestemming geven zonder enige druk, en elk verhandelbaar item kan als object dient. As a result, the contract may: The contract constitutes a contractual obligation for the debtor(s), named after the source from which it originates, and by which they must perform for the benefit of the creditor, which is called an advantage. This benefit may consist of a gift (either to grant something that is property or to establish a real right in an asset), a do (creation of a business), a non-faire (the director who does not collaborate in the company of other companies) or the delivery of something in ownership (rental of a certain number of offices). If the debtor fails to fulfil his obligation, he is subject to a contractual obligation and may be sued by the creditor for performance or compensation for the damage caused by his injury, unless he claims that this was impossible, in which case he proves that the debtor had reasons which prevented him from doing so. For example, that he could not clean the office for which he had been hired because he had accidentally broken his leg. Depending on the date of entry into force, treaties may be: A contract is the legal representation of a natural tendency of man to accept his same different agreements that are mutually beneficial. As a guideline, it should be borne in mind that, although the agreement between the parties is considered to have the force of law, some clauses may not be included in some of them for reasons of equity. More specifically, the employment contract must comply with the applicable regulations and the maximum working hours; In case of doubt, this type of contract is decided in its interpretation in favor of the employee.
In the case of written drafting, the parties shall contain: title indicating the nature of the contract; material body relating to the parties; Exposure that connects relevant events; standard-setting body containing normative clauses; conclusion consisting of a formula indicating how the agreement is to be executed; and, finally, the annexes explaining certain aspects of the Treaty. That is, it is a voluntary agreement between two parties, called debtor and creditor, which can be physical or legal; In addition, each party may consist of more than one person, so that more than one debtor and/or creditor may be bound by the contract. Depending on the duration of the contract, they can: The inscription of the work reads as follows: «foederis aequalis / Dicamus leges» (Virgil, Aeneid XI.321-22). The stated goal of the social contract is to determine whether there can be legitimate political authority, since the interactions of the people he saw in his time seemed to put them in a much worse state than the good one in which they were in the state of nature, even though they lived in isolation. He concludes the first book, chapter three, with: «Let us therefore admit that violence does not create law, and that we are obliged to obey only legitimate powers», that is, that the capacity for coercion is not a legitimate power, and that there is no legal obligation to submit to it. A State does not have the right to enslave a conquered people. Rousseau postulates that the political aspects of a society should be divided into two parts.