Explanation of Article 30
This article addresses the scope of application of the provisions of this chapter. A named contract is one that the system has designated with a specific name and has organized special provisions for it, such as a contract of sale, gift, lease, contracting, and others. An unnamed contract, on the other hand, is one that has not been designated with a specific name in the system and has no special provisions organized for it.
The article states that the provisions contained in this chapter apply to named contracts in this system and in other systems, as well as to other unnamed contracts; thus, the rules outlined in this chapter apply to them, whether in terms of formation, nullity, effects, termination, or otherwise.
This article reaffirms what was previously mentioned in the preamble of this chapter regarding the exercise of the authority of will; and that the system does not confine the validity of a contract to only named contracts.
The end of the article clarifies that the application of the general rules contained in this chapter does not prejudice the special provisions in some contracts under specific statutory texts; the specific text takes precedence over the general. These provisions may include an additional rule, exception, or restriction to what is in the general rules of this chapter, such as the requirement of possession for the conclusion of loan, lending, or deposit contracts without charge, or the gift of movable property; these provisions apply to those contracts of a special nature and not to other contracts.
Related To
Article 30
The provisions of this Section shall apply to nominate and innominate contracts, without prejudice to the legal provisions governing specific contracts.