Form of Contracts

Art. 1358 The following must appear in public document:

1. Acts and contracts which have for their object the:

1. a. Creation
b. Transmission
c. Modification or Of real rights over immovable property
d. Extinguishment
2. Sales of real property or an interest therein – governed by
i. Art. 1403, No. 2., and
➢ Statute of Fraud
The original law is the basis of statutes that have been enacted in
all U.S. states. It required various contracts and causes of action to
be evidenced by a writing signed by the party to be charged or by a
lawfully authorized agent.

ii. Art. 1405

➢ Art. 1403: Statue of Fraud, contracts infringing the Statute of Fraud are
ratified

ii. a. by the failure to object to the presentation of oral evidence to

prove the same, or

ii. b. by the acceptance of benefits under them

cession • Is the assignment of property to another entity.

• As a surrender, a giving up; a relinquishment of jurisdiction by a board in favor
of another agency.

repudiation Occurs when one party refuses to honor a contract with another party. Often the party
doing the repudiation cannot perform its obligations outlined in the contract due to
financial difficulties. A breach of contract may be settled in the courts.
renunciation Occurs when one party, by words or conduct, evinces an intention not to perform, or
expressly declares that they will be unable to perform their obligations under the
contract in some essential respect. The renunciation may occur before or at the time
or performance.