Synlagmatic Obligations

Syntagmatic obligations are typical or main obligations, involving the same parties, although one occupies the position of creditor and the other debtor, and necessarily born of the same business (eg purchase). In this article we will explain in more detail what are the syntagmatic or reciprocal obligations. If you have any questions about this type of obligations you can leave a comment and our expert will help you.

one

The meaning of Sinalagmatic is very similar to the word bilateral - they produce two relationships of different but linked obligations. (Reciprocal)

two

The syntagmatic contract, the contracts are classified in syntagmatic and unilateral. The contract is synallagmatic or bilateral when the contracting parties reciprocally bind each other; the obligations created are reciprocal: each one of the contracting parties is at the same time creditor and debtor; their obligations are due to those of the other contracting party: each one commits himself to the other only because the other is bound to him: his obligations are interdependent.

3

There are two types of synagogmas :

• Genetic Sinalagma: the reciprocal obligations must be born the one, with and because of the other. If this initial harmony is lacking, the counter-obligation can not be born either (Art. 1460.1 if when the sale is celebrated the thing is lost, the contract is without effect). Obligations do not have to have the same objective value, they will remain reciprocal even if they are disproportionate, the only thing that matters is that they have been generated by each other (if you do not deliver the thing I will not pay you).

• Functional Sinalagma: the reciprocal character of two main obligations implies that both are enforceable at the same time and must be fulfilled simultaneously (when you give me the thing I pay you). Simultaneous compliance has a dispositive character.

4

The most common examples of synlagmatic contracts are contracts such as deposit or mandate, agreed remuneration, two reciprocal obligations are presented without a doubt. But in these contracts, as well as in the commodatum (essentially free), obligations can also arise subsequently (to compensate conservation expenses) for the depositor, principal or lender, which do not constitute a counterpart or equivalent to their credit.