1 THE MANDATE

ART. 1686 C.C

Definición:Por el mandato, una persona encomienda a otra la realización

of one or more acts or businesses. The mandate can to grant oneself
with
representation or without it.

Personal elements

1) The principal or grantor: that is, the person who gives the assignment or commission.
execution of acts or businesses,

2) The representative or attorney: which is the person to whom the task is entrusted or given.
entrusts the execution of acts or business on behalf of the principal or
power of attorney and the person who is obliged to carry it out.

Real elements:

Real element (object of the mandate contract) Art. 1688 CC.

The requirement that must be met is that when granting a mandate, this
it is lawful, possible, and not prohibited by law.

When it comes to personal acts, mandate cannot be conferred. (Will,

suffrage, recognition of a child, etc.)

Formal elements 1687 civil code

The mandate must be in public writing as an essential requirement for its

existence, and can be accepted explicitly or implicitly

To record, alienate, or sell, it must be done in a public deed.

2. The orders coming from abroad come on any type of paper that
they should not be of a judicial nature.

3. When they are judicial mandates, they are carried out in public writing only and
these can be conferred to lawyers and notaries or to family members within the
fourth degree of kinship.

CHARACTERISTICS

Free or Chargeable: it will be free only if the mandatary has accepted it.
expressly. (art. 1689 C.C.)

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Unilateral or Bilateral: Unilateral if the obligation falls on one of the parties
bilateral contractors; if both parties are mutually bound.

Intuito Person: the trust that exists between the parties is the essence of the contract.
The parties cannot assign their rights to a third party or transfer their obligations.
derivatives of the mandate (the mandatary cannot substitute the mandate, if not having
special faculty.

Solemn: In order to have effects, it must be done in a public deed and registered.
in the respective Register.

It is a contract that exists by itself.

It is preparatory: because it has legal relationships between the principal and the agent.

It is consensual: because there is an agreement between the parties, that is, between
principal and agent.

Classification of the mandate.

a) Mandate with representation. Art. 1686 Civil Code The Mandatary acts in the name of the
principal and the businesses he undertook within the powers that had been granted to him
conferred

b) Mandate without representation: the agent acts in their own name, without
third parties have direct action against the principal Art. l, 690 C.C.

c) General or Special Mandate: the mandate is general. The mandatary understands

all the businesses of the agent act as if it were the principal itself, art. l,
69O c.c and it is a Special Mandate: one or more specific matters are contracted

General mandate requires a special clause to sell, mortgage, or guarantee.

to transfer, record, or dispose of the principal's property in any other way, and
for all other acts where the law requires it. Art 1693

d) Mandate Conceived in General Terms: It is the mandate granted

for matters of a total lesser than the full sphere of the principal.

e) Special Mandate and General Mandate with Special Powers.

The special mandate art. l, 692 C.C Special power is needed to: Donate between
living, to get married, to grant prenuptial agreements, etc.

d) Mandate Granted in General Terms: It is the mandate granted

for matters concerning a totality less than the complete sphere of the principal.

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e) Special Mandate and General Mandate with Special Powers.

The special mandate is contemplated in the civil code in article 1, 692.

It is necessary to have special power to: Donate while alive, contract
marriage, grant prenuptial agreements, etc.

In article l.693 of decree lO6, it says: The general power needs a clause
special for

f) Free Mandate: This type of mandate has disappeared, giving way to the mandate
onerous, as a consequence of the materialistic environment of the time. It can be said
that gratitude turned into burden or payment.

g) Fee-Based Mandate: In it, the principal must pay the agent, so that
This mandates the exercise. Burdensomeness is a natural element of the mandate, since
por disposición legal siempre lo acompaña.

h) Mandate with Implicit or Explicit Acceptance. Implicit acceptance occurs:

When the leader is not present at the time of granting the

Mandate, (Such is the example set by the lawyer Nery Roberto Muñoz) but the
exercise, since exercise leads to acceptance and at the same time prevails the
consensuality. In article l, 687, the civil code states: The mandate must be recorded
in public writing, as an essential requirement for its existence, and can be
accepted explicitly or implicitly, giving it the quality of a solemn contract.

Obligations of the principal: to comply with all obligations incurred,

reimburse the principal if a business transaction did not go well as long as the agent
has not incurred guilt.

Obligations of the mandate holder: to diligently perform the mandate and

to respond for the damages and losses caused to the principal by not executing them

Abide by the instructions of the principal

To account for their administration.

End of term:

ARTICLE 1717. The mandate ends:

1 Due to the expiration of the term for which it was granted;

To conclude the matter for which it was given;
3 For revocation;
4 Due to the resignation of the leader;
5 By death or interdiction of the principal or the agent;
6 Due to the bankruptcy of the principal or because a cause arises for the representative that conforms to the
I am unable to carry out mandates; and
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 JUDICIAL MANDATE.

Definition: It is the mandate granted for the purpose of assigning a person to.
represented before the courts, whether in a process, in a proceeding or in
any procedural act, when the person required to appear does not want to or cannot
do it in person.

PERSONAL ELEMENTS:

a) The principal.
b) The representative.

REAL: these legal acts must be: Possible, Lawful, and of such nature that
can be executed by the leader.

FORMAL: Since it is not a contract that is perfected with the mere

consent of the parties, it is necessary to comply with certain
formalities, which in most cases reach the level of solemnity of the
following way.

a) Appearance.
b) Granting.
c) Acceptance.
d) Register.

FROM THE FORM OF THE JUDICIAL MANDATE.

According to Article 89 of the Judiciary Organization Law, the mandate must

to be granted in public writing, for matters that are handled in written form and
his testimony must be registered in the general protocol archive of the
presidency of the judicial body and in the records that proceed according to the
law.

Who can be judicial representatives.

According to our legislation, the following individuals may be judicial representatives:

have the title of lawyers or relatives who are within the legally designated degree
established from the represented up to the 4th degree of consanguinity.

FROM THE SPECIAL CLAUSE OF THE JUDICIAL MANDATE.

To give confession and a statement on one's own behalf

Recognize and disown relatives.

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 Recognize signatures.
Submit the matters to the decision of arbitrators, appoint them or propose them.
Report crimes and file criminal charges.
Start or accept separation or divorce, to attend the meetings of
reconciliation and resolve in the most favorable way for your principal, and to intervene
in a marriage annulment trial.

CONTENT OF THE COURT MANDATE WRITING.

Heading: Instrument order number. Place and Date of

granting.

Appearance: Act by which the grantor appears before the respective notary.

The notary's faith: That the grantors assure him of the data regarding
identity deposited.

Cuerpo del instrumento:Contiene la base del otorgamiento del mandato en

cláusulas específicas, (Condiciones) que confiere el mandante hacia el
mandatario.

The acceptance: It is contained in the last clause, it is the manifestation of

mandatario en que expresa su voluntad de aceptar el mandato que se le otorga

The closing: It contains the final part of the instrument.

The faith of the notary.

a) From everything presented.

b) If I had had in view the documents that are in the instrument

consignado.

c) That the instrument was read by the parties or that he himself read it by designation
of the same.

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 2 TOPIC
BUYING AND SELLING

Definition: art. 1790 C.C The sales contract is "that in which one of the
The seller is obliged to transfer the ownership of a thing or of a
right to another called buyer who in turn undertakes to pay for it a
certain price and in money.

PERSONAL ELEMENTS: art 1790

Seller: it is the person who transfers the ownership of a thing or right.

the seller's obligation is to deliver the thing

Buyer: The one who pays the certain price and in money.

REAL ELEMENTS:
Price and
The Thing:

PRECIO:
As part of the service that the buyer must provide, the price must have the
following characteristics:

True: that is to say, it must be determined and determinable

In cash: that is to say, it must be in national currency that is in circulation and has legal power.
True: it must not be fictitious, as otherwise we would be dealing with a fictitious contract or of
donation.
That is to say, there must be a logical equivalence between the value of the sold item and the price.

THE THING: refers to the goods or rights sold. They can be the object of the contract.
of sale all the things and rights that meet the following requirements:

They must exist in nature. Future things or those can also be the subject of the contract.
purchases of hope.
Determined, that is, individualized by specifying certain aspects regarding the thing.
Determinable in a specific way, that is, data of gender, quality, quantity, weight, or measure. To be in the
trade.

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FORMAL ELEMENTS:

Sales contracts have two aspects:

Contracts for the sale of movable goods: The law does not require a specific manner
special, the form is free. this contract can be made in public writing,
in a private document, with or without witnesses, verbally or by acts of
consent.

Real estate sales contracts: This contract is formal in

virtue of the law requiring a specific and imposed formality for its validity
which must be included in a public deed, since, if the appraisal value of the
exceeds the equivalent of three hundred sixty-five times the minimum wage, this
it can be carried out in a private contract, with the form of the contracting parties, before two
witnesses, ratified before a notary, before a competent judge and registered in the Registry
Public of Property and Commerce.

CHARACTERISTICS:

It is principal: it does not require the preexistence of another contract for its existence;

It is a consensual contract because it does not require any formality.

It is a bilateral contract because it establishes reciprocal obligations.

an action that is exchanged between two or more subjects and that falls upon
all of them for the parts;

It is a onerous contract that establishes a counterperformance;

It is an instant contract: because it is pure and simple;

It is a contract of successive performance: because the parties can agree to defer.

the fulfillment of the obligations contracted;

It is a formal contract: because it is written either in public deed or

private document for it to be valid;
It is a commutative contract: because the parties from the moment they celebrate the contract
They know the economic advantages and disadvantages that affect their wealth.

It is a random contract: only when the parties expressly introduce the

mode in which the buyer assumes the risk that the fruits arrive or
not to exist or well, that the uncertain products of a fact cannot
to be valued in money.
They cannot buy for themselves nor through an intermediary person art. 1793

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1. The property managers, those who have under their administration or care
2. The judicial depositaries, interveners, trustees, and liquidators,
3. The judges and other officials or employees, lawyers, experts, procurators and
judicial representatives.

Obligations of the Seller: art. 1809 The seller is obliged to deliver the
sold item and to guarantee the buyer the peaceful and useful possession of the
same.

Buyer Obligations: art1825. The main obligation of the buyer is

pay the price on the day, place, and manner stipulated in the contract.

3 THEME
LEASE.

Definition: Art. 1880 C.C. The lease is the contract by which one of the
one party is obliged to give the use or enjoyment of something for a certain period to another
obliges to pay a specified price for that use or enjoyment.

The following cannot be part of this contract: all non-fungible goods

ELEMENTOS PERSONALES:

1. Personal Elements: Lessor Lessee; the former grants the use and enjoyment.
of the thing, and this is the one who acquires that enjoyment or pleasure,

the necessary capacity to lease is the required capacity to contract. The right of
giving things on lease primarily corresponds to the owner, but
whoever is not the owner of them can lease them with the authorization of the owner or
by authorization

2. Real Elements: What can be the object of leasing, all the

things that can be used without being consumed.

FORMAL ELEMENTS.

Formal Elements: The form of the lease is free, except for provisions of
special laws (Tenant Law) must be made for a fixed or determined term.

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The lease agreement is generally formal, as it must be
to be put in writing (in a private document – with or without legalized signatures – or
por acta levantada ante el alcalde del lugar.

CHARACTERISTICS:

Consensual: it is perfected through the simple agreement of wills regarding

to the obligations that the parties mutually assume, the landlord or
lessor to give the use or enjoyment of a thing for a certain

Bilateral: from it derive reciprocal obligations for the parties.

Commutative: The reciprocal performances of the parties are known and

determined from the celebration of the contract.

Of successive tract: Its compliance necessarily extends through the

Principal: exists independently and subsists by itself.

Tenant Rights:

Receive the leased thing

2. Use and enjoy it in accordance with the agreed terms.
3. Pay the rent in the agreed amount, time, and manner
4. Take care of the thing and prevent damage
5. Return the thing to the landlord at the expiration of the contract

Obligations of the Landlord:

Deliver the thing to the tenant in such a way that they can use and enjoy it.
2. Keep the thing in a condition to serve the tenant
3. Ensure such use
4. Do not change the shape of the thing

Method of terminating the lease: 1928. The lease ends by the

compliance with the deadline set in the contract, or by law, or due to being satisfied the
object for which the thing was rented

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 4 THEME
DONATION BETWEEN LIVING.

Article 1855 C.C. the donation between living persons is a contract by which one person
transfers the ownership of a thing to another, freely, part of its assets.

PERSONAL ELEMENTS:

The donor. He is the owner of the good or the thing that is going to be susceptible to
donation, the one who transfers part of their assets free of charge.

The donee. It is the person who will receive the transferred asset, the one who receives the
liberality and makes known its acceptance.

Essential requirement: to be capable persons, of legal age, who are in

their faculties Arts. 8, 1861, 1254 civil code.

The minor can receive donations and accept them through their
legal representative, as they have capacity to enjoy (arts. 14 and 1861 C.C.)

Parents do not have the authority to donate their children's real estate.
neither a judge nor a notary could authorize them to donate a property owned
of the youngest son.

The incapacitated and absent can receive and accept donations, through their
legal representatives (art. 14 C.C.);

A general representative can accept donations made in favor of their principal.

and, in our opinion, it is not necessary for the leader to have special authority
for that.

REAL ELEMENTS:

Article 1855 C.C. the object of the donation contract is a thing, indicating
that said term could be interpreted in a restrictive manner, preventing the donation.
of intangible assets and subjective rights.

The object of the donation must be determined by the donor. The

Determination of the thing is such a personal matter.

FORMAL ELEMENTS:

The formal element is not solemn. But when it comes to movable property,
real estate or identifiable items are done in public deed

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It is considered formal when it needs to be registered in the property registry.
and it must be done in a public deed and must be greater than Q. 300

CHARACTERISTICS:

a) Free: The gratuitousness of the gift contract is not necessarily

absolute, for although the contract may impose a burden on the donee, there will
donation if the value of the burden is less than that of the donated thing and the donation
it will be exclusively due to that difference (arts. 1855 and 1856).

b) Unilateral: The donation contract only implies performance by the

donor, with the donee being a passive party to the contract, which is limited to accepting
the contract and receive the good.

c) Principal: Exists by itself and does not require another contract to take effect.
effects.

d) Consensual: The delivery of the thing is not required for the contract to exist and
it is not solemn either, in the sense that it must be formalized in a public deed or
with special requirements, to produce legal effects. (art. 1862 and 1576 C.C.)

e) Instantaneous: It is naturally exhausted with the delivery of the service. (art.

2,121 C.C.)

f) By provision: Through this contract and without the need for tradition, it
transfers the domain of something or the ownership of a right to the donor.
transfer is inherent to the donation and is carried out by the consent of the
parts.

g) Subsidiarity of the Sales Rules: Except for their gratuity

and by the spirit of liberality that is inherent to the donation, it is applicable to
this contract the rules of the sale, particularly regarding the
transmission of ownership or title, the delivery of the thing and the modalities
special circumstances regarding the matter.

La donación de bienes muebles debe otorgarse y aceptarse por escritura publica

5 THEME
CIVIL SOCIETY

Definition: art. 1728 C.C

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Society is a contract by which two or more people agree to
share goods or services to carry out an economic activity and
divide the profits.

PERSONAL ELEMENTS:

A contract in which two or more people participate. For the validity of the contract of
society requires at least two contractors. Partners must have
capacity to act, as the partnership contract requires a
valid consent, expressed by the parties involved (see arts.
1736 to 1740 C.C.)

REAL ELEMENTS:

Capital, that is, the contributions of goods or services, efforts, or resources, from part
of the partners, to carry out an economic activity that generates profits for
to be distributed among the partners..

FORMAL ELEMENTS:

The partnership contract is a solemn and formal contract, as the article.

1729 must be formalized in a public deed and registered in the Civil Registry (art.
438 C.C.)

If the partnership contract is not documented in a public deed, the contract will be invalid.
(art. 1577 C-C-) and we find ourselves in what doctrine calls "society of
fact.

If the contract, despite having been executed in a public deed, was not registered
in the Civil Registry, its result will be an 'irregular society'.

CHARACTERISTICS:

1) Solemn: (art 1729) must be celebrated in public writing. In effect, the

society that is not established in a public deed and that is manifested
publicly as such, it is a de facto society

2) Plurilateral: In the partnership contract, the obligations of all parties

They are parallel.

3) Burdensome: It is not only evident by the fact that all the partners
they must contribute to society, which implies the need for a service
of each of them in order to acquire the quality of partner, but also for the purpose
economic to obtain profits and distribute them among the partners.

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4) Principal: it subsists on its own and is not intended for the fulfillment of another.
obligation (Article 1589)

5) Consensual: It is perfected and has all its effects between the parties when it has been
manifested their consent in the manner required by law

6) Commutative: Because the benefits of the parties are certain from the moment they
celebrates the contract, although none of the partners are able to appreciate
immediately the benefit or loss caused to him (art..

7) Intention of the person: the personal element gains significant importance and
fundamental and arises from what the doctrine calls "affectio societatis" (art. 1760).

EXTRA THEME

Forms of mandate:

a) through the legal branch, there is civil and commercial mandate, as well as procedural.
more commonly known as a court order;

b) within the civil, and encompassing almost all kinds of commercial, by its
In the scope, there are general, special, and specific powers, depending on their understanding.
all the businesses of the principal, those that by law require assignments to only one or
more specific matters;

c) due to its economic nature, the mandate is free, the most common and compensated,
forcing if the leader exercises the assigned activity as a profession;

d) by its form, express, by written or verbal convention, and tacit, derived from the
acts of the authority or its silence; e) by the nature of the relationships with the
administration of justice, in extrajudicial or judicial;

f) for the delegation authority to the holder of the mandate, and delegable, in which
can name a substitute;

g) for the performance and responsibility, in salary and jointly;

h) by their binding form, revocable and irrevocable;

i) By the method of contracting, written, verbal, or by fact. By its nature, the

The mandate can be free or costly.

j) By its form, express or tacit, and the first being verbal or written.

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k) Due to the extent of the conferred powers, general or special.

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