Once upon a time, a handshake was enough to seal and enforce a contract between civilised, serious people and men of honour. Nowadays things have changed, people no longer trust each other and need more security and guarantees to conclude a deal.
We rely on contracts concluded before gallants and competent authorities to enforce our rights.
But how many types of contracts do we find: employment, tenancy, collective, open-ended, fixed-term, etc.? Here I will mention the private contract that many people want and claim to enter into!
What is a private contract?
It is expressed in the legal system under the term contractual autonomy. It is the power granted to the individual to regulate his or her own interests autonomously, which in my opinion, as many think, could be an unconsidered abuse of power. This process has a binding character between the parties with points of encounter, of advantages, of interests between the parties. The contract is formed by the consent and common will of both parties founding the proposal and acceptance.
The proposal is the statement containing all the elements; acceptance is the acceptance of the proposal. The conclusion of a contract is preceded by negotiations with fairness and in good faith.
But how does the private contract differ from the private contract?
Contract is a term used to denote an agreement between two or more persons, private writing is drawn up between two parties and may be authenticated by a public official who may be a notary public or an authorised public official; not authenticated or simple to dispute the origin of the writing just disavow the signature!
A unilateral private contract is one signed by only one person; a plurilateral private contract is one signed by at least two persons. The Court of Cassation has classified the dog as a movable good and therefore it is possible to buy it by buying it (pure-bred animals), but decree 529/92 establishes that the sale is not allowed if the animal has defects, flaws, the buyer can enforce the guarantee and return it to the sender within 2 months from its discovery, 2 years from the date of purchase. If the dog, bought today is healthy and after a few days usually 15 incubating symptoms appear, it means that you have been sold sick!
A guarantee is a protection against a defective good, one can request termination of the contract or reduction of the price Payment of the price is determined by the contract and is to be understood as the price normally charged by the market.
The sale can take place either at the time of conclusion of the contract (unborn puppy) or at the time of transfer (birth of the puppy). The seller is obliged to guarantee the product.
Buyers are obliged to bring up their dogs in a healthy environment, feed them properly, do not make them aggressive, give them their best! The seller should not be blamed for the buyer’s bad behaviour, but instead for hidden and undisclosed faults!
Attention
Never trust pet sellers at fairs, in shops, advertisements, breeding farms with many breeds etc. Never sign contracts you are not sure about, most are scams! They sell you dogs, sign but do not give you absolute ownership, make sure that both the ASL and ENCI have your ownership (purebred dogs) many sell dogs without microchips, without vaccines ……
Coming back to us, the private contract is effective and binding when it is authenticated and stipulates a penalty in the event of default by either party. Of course it is preferable to rely on experts who recognise the regulations of the Civil and Criminal Code.
It is therefore important not to incur in holding records that we would have to disavow or take to court or challenge tomorrow.