Civil Law and Civil Transactions
Core Concepts
The Civil Transactions Law governs obligations and contracts. Master: formation (offer, acceptance, consideration not required), capacity, consent defects (mistake, fraud, duress, exploitation), object legality, and cause. Know the rules on nullity versus voidability - absolute nullity for illegality, relative nullity for consent defects.
Performance and Remedies
Study the rules on performance, the debtor's default, force majeure, and the principle that specific performance is the primary remedy with damages as a complement. Understand the concept of the "unforeseen event" permitting judicial adjustment of a contract where performance becomes oppressive.
Torts and Unjust Enrichment
The Civil Transactions Law codifies tort liability: harm, fault, causal link. Know strict liability categories (animals, buildings, dangerous activities) and the principle that fault is presumed in certain cases. Understand unjust enrichment as a residual restitutionary claim.
Traps
Candidates often import common-law doctrines (consideration, punitive damages, pure economic loss rules) that do not apply. Another trap is confusing nullity with rescission, or assuming interest is always recoverable - the Civil Transactions Law restricts interest and questions often hinge on this.
Worked example
A seller fails to deliver goods; buyer seeks damages. Under the Civil Transactions Law the buyer may compel performance and claim damages for loss suffered, provided causation and foreseeability are shown. Punitive or exemplary damages are not available.