El contract de barter It is one in which two parties, called permutants, agree to exchange goods o derechos with each other. Unlike the sale, where the paid takes place in money, In barter la consideration consiste en la delivery of other carefully o right. The Code Civil law Dominican, in his article 1702, defines the barter as "a contract by which the parties give each other a thing on the other hand.»
It is important to note that the barter may include a supplement en money if the value of the goods exchanged is not equivalent. Without embargo, so that the contract keep your nature of barter, this supplement Must be from less value that carefully which is received. Otherwise, it would be considered a sale.
Marco Legal and Historical
La barter It is regulated in the Code Civil law Dominican, specifically in articles 1702 to 1717. It is interesting to note that the Code treats la barter before buying and selling, reflecting its historical importance as one of the oldest forms of trade, prior to use widespread of money.
- Bilateral: Both parties have obligations reciprocal, that is, each permutant It is at the same time debtor y creditor.
- Onerous: There is an exchange of economic benefits, each part get a benefit a cultural, of a consideration.
- consensual: It is perfected by the mere consent of the parties, without necesidad of special formalities, except in the /// de goods estate.
- Instant or Successive Tract: It can be instant if the exchange of goods It is done in a single act, or of successive tract and delivery is carried out in several acts or crafts periodic.
- Formalities for Goods Estate: If one of the goods exchanged is a property, formalization is required through deed public for its validity (Art. 1703 of the Code Civil law Dominican).
Obligations of the Parties
The main obligations of the permutants are:
- Delivery of the Goods: Each part must deliver the carefully o right which has undertaken to exchange under the agreed conditions.
- Warranty de Possession Peaceful: Ensure that the other part can enjoy the carefully without disturbance from third parties.
- Warranty against hidden vices: Respond for any hidden defects that may exist in the carefully delivered, making it unfit for their use or decrease their value (Art. 1707 of the Code Civil law Dominican).
Consequences of Eviction or Non-Conformity
- Eviction: If one of the parties loses the your property of the carefully exchanged due to a claim from a third with better right, you can request a refund of the carefully that delivered and even a compensation by damages (Art. 1708 of the Code Civil law Dominican).
- Non-Conformity: If carefully received does not correspond to what agreed, the part may be harmed choose for not delivering the carefully that was due to him and return what he received.
