What happens if one party gives a good plus money to another good? For example, swapping a car + $5,000 for a boat.
The is a bilateral, onerous, and consensual contract by which two parties mutually transfer the ownership of goods or rights from one to the other.
This is critical. In a sale, the seller is liable for eviction (if a third party claims ownership of the sold good). If you swap your house for another, and later someone proves they owned that house, you can sue the person who gave it to you for recovery of your original property.
When a person exchanges their old car plus cash for a new one at a dealership, the transaction is partly a permuta (car for car) and partly a sale (cash for the residual value).
While the Contrato Permuta is consensual (verbal agreements are valid for small movable goods), .
What happens if one party gives a good plus money to another good? For example, swapping a car + $5,000 for a boat.
The is a bilateral, onerous, and consensual contract by which two parties mutually transfer the ownership of goods or rights from one to the other.
This is critical. In a sale, the seller is liable for eviction (if a third party claims ownership of the sold good). If you swap your house for another, and later someone proves they owned that house, you can sue the person who gave it to you for recovery of your original property.
When a person exchanges their old car plus cash for a new one at a dealership, the transaction is partly a permuta (car for car) and partly a sale (cash for the residual value).
While the Contrato Permuta is consensual (verbal agreements are valid for small movable goods), .