essensialia/essentialia, naturalia, accidentalia/aksidentalia
| 12:47 Mar 23, 2022 |
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| 3 | Essentialia, naturalia and incidentalia |
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Answers
8 days confidence: 
Essentialia, naturalia and incidentalia Explanation: wikipedia latin terms *.One of three types of contractual terms, the others being ***essentialia negotii**and **naturalia negotii.*** ad quantitatem by the quantity itemized quote accidentalia negotii business incidentals Express contractual terms that are purely voluntary, optional, and not necessitated by the contract's subject matter. Also called incidentalia (Roman-Dutch law). One of three types of contractual terms, the others being essentialia negotii and naturalia negotii. south african wiki...According to the Roman-Dutch classification, then, terms may be classified as essentialia, naturalia or incidentalia: Essentialia are distinctive terms used to identify or classify a contract as one of the specific types of contract recognised by law. Cash and commodities, for example, make for contracts of sale. Essentialia are of the essence in a contract, without which it cannot subsist, and for want of which there is either no contract or a contract of a different kind. Naturalia are terms automatically included, by operation of law (ex lege), in any contract belonging to one of the classes of specific contract traditionally recognised in South Africa.[46] Naturalia are based on what is fair and reasonable between contracting parties over contracts of that kind. In a sale contract, for instance, the seller may not sell something that is defective. There are also guarantees against eviction in lease agreements.[47] Generally speaking, the parties may exclude or vary naturalia by express agreement, in exclusion or exemption clauses (e.g. an ‘as is’ clause, known as a ‘voetstoots clause', excluding the implied warranty against latent defects), though the courts interpret such agreements narrowly. Incidentalia (or accidentalia) are all terms other than the essentialia and naturalia: that is, additional terms agreed upon expressly by the parties that supplement or modify the rights and duties incorporated by law into a particular contract. -------------------------------------------------- Note added at 8 days (2022-03-31 17:22:05 GMT) -------------------------------------------------- https://dspace.uii.ac.id/bitstream/handle/123456789/17031/05... Dikaitkan dengan sistem hukum kontrak yang berlaku di Indonesia, unsurunsur perjanjian tersebut dapat diklasifikasikan dalam tiga klasifikasi, yaitu unsur essentialia, unsur naturalia, dan unsur accidentalia. -------------------------------------------------- Note added at 8 days (2022-03-31 17:30:31 GMT) -------------------------------------------------- https://bmhlaw.wordpress.com/2014/05/02/a-better-explanation... Incidentalia: “The provisions are incidental to the specific contract between the parties” Those naturalia that may be changed expressly or tacitly by agreement are called incidentalia as they are incidental to the agreement, those that are agreed upon and are unique to any given contract, the additional terms, and can limit or change some of the naturalia Example sentence(s):
https://en.wikipedia.org/wiki/List_of_Latin_legal_terms https://en.wikipedia.org/wiki/South_African_contract_law |
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