Legal Nature of Brokerage Real Estate
Legal Nature of Brokerage Real Estate – In the right is studied in some cases the legal nature of the legal institution studied. For example when studying the purchase in some cases is studying the legal nature of the same, another example is when studying the legal nature of leasing or trust in some cases is studying the legal nature of the same.
The legal institutions have legal nature, in that sense when investigating is necessary to determine the same so that the studies are more accurate and more profound.
For example, the possession and property have the legal nature to be real rights and are real rights main, by which create rights on the property. By which the rule is the Peruvian Civil Code of 1984 when we studied the civil law Peruvian. OR the Spanish Civil Code of 1889 when we studied the civil law Spanish.
Another example is the case of the bill of exchange whose legal nature is to be a title value. By which the rule is the law of securities Peruvian when we studied the exchange law or cartulary Peruvian.
In that sense when we studied the brokerage agrees to our purposes determine which its legal nature is.
The brokerage has the legal nature to be a contract, and as a contract is a contract atypical in Peruvian law and in the Spanish law that is not regulated by the law in those states.
We must specify that the real estate brokerage apply to it general rules on contracts contained in the Civil Code.
The article 1353 Peruvian Civil Code of 1984 stipulates that all private contracts, including the unnamed, are subject to the general rules contained in the first section of the book entitled sources of the obligations of the Code words, except as incompatible with the special rules for each contract.