1

Consideration is a concept of English common law and is a necessity for simple contracts.

Consideration may be thought of as the concept of value offered and accepted by people or organisations entering into contracts. Anything of value promised by one party to the other when making a contract can be treated as "consideration": for example, if A signs a contract to buy a car from B for $5,000, A's consideration is the $5,000, and B's consideration is the car.

Translating into "Consideración" just does not work at all, there must be a concept to explain the same in Latin-American Countries. For instance, how do you call this in Mexico, Argentina, Chile, Peru, Bolivia, Colombia, etc.? Or in Spain?

Any hint is very welcome.

Improve this question
6
  • 2
    As you figured out, consideration is a concept from English common law, and none of those countries are common-law countries. Yet you assume that there "must be a concept to explain the same". Why do you assume that? Furthermore, why do you assume it would be the same concept across so many countries?
    – MSalters
    Commented Jul 9, 2019 at 9:47
  • 1
    In common-law systems, consideration is required for all contracts, not merely simple ones. I don't know what term a Spanish-speaker describing a common-law system would use. I don't believe that there is any closely analogous concept in civil-law systems.
    – David Siegel
    Commented Jul 9, 2019 at 14:00
  • @MSalters presumably it is possible to discuss English common law in those countries.
    – phoog
    Commented Jul 9, 2019 at 16:18
  • @DavidSiegel Scottish law is at least partially a common-law system, and consideration is not a requirement for all contracts in Scottish law.
    – Martin Bonner supports Monica
    Commented Jul 9, 2019 at 18:27
  • 2
    Do you want the name of the equivalent concept in those countries (which may not exist), or do you want the word that Spanish lawyers use when discussing the English concept in Spanish?
    – Martin Bonner supports Monica
    Commented Jul 9, 2019 at 18:30

3 Answers 3

Reset to default
4

What is the equivalent for “Consideration” (English common law) in Spanish speaking countries?

Prestación.

Perhaps not all Spanish speaking countries adopt a one-word term, but the notion of consideration definitely exists in civil law. It is quite mistaken to presume that the concept is unique to common law systems.

The Civil Code of both Spain (see art. 1257) and México (art. 1793) are in terms of "transmission or transfer of rights", which fits the meaning of consideration.

The Civil Code of Spain in its art. 1254 refers to "[consent] to give something or perform [prestar] a service" (brackets added for clarity), whence the term prestación qualifies as consideration in several --if not all-- types of contract. In fact, article 1274 literally mentions "prestación or promise".

Improve this answer
3
  • 1
    I suppose contraprestación is also a consideration. (See es.wikipedia.org/wiki/Contrato, Elementos reales). And I suspect those terms are closer in meaning to _ performance_. That's old Roman law, see e.g. Exceptio non adimpleti contractus
    – MSalters
    Commented Jul 9, 2019 at 19:34
  • 1
    @MSalters "I suppose contraprestación is also a consideration". Correct, similarly to how transactions, contracts, etc. involve a party and a counterparty. "I suspect those terms are closer in meaning to _ performance_". Performance is closer in meaning to compliance, for which the word in Spanish law is cumplimiento and is contemplated in arts. 1256-1258 of the Spanish Civil Code.
    – Iñaki Viggers
    Commented Jul 9, 2019 at 21:05
  • In Mexico (and several other Latin-American Countries), two words are utilized to describe the very same concept covered by "Consideration": Consideration = Prestación and Contraprestación. The Prestación is offered and the Contraprestación is given in return. Just like a "Consideration". Thank you all !
    – gral.pancho.villa
    Commented Jul 28, 2019 at 8:54
1

Consideration is a concept of English common law and is a necessity for simple contracts.

Consideration may be thought of as the concept of value offered and accepted by people or organisations entering into contracts. Anything of value promised by one party to the other when making a contract can be treated as "consideration": for example, if A signs a contract to buy a car from B for $5,000, A's consideration is the $5,000, and B's consideration is the car.

Translating into "Consideración" just does not work at all, there must be a concept to explain the same in Latin-American Countries. For instance, how do you call this in Mexico, Argentina, Chile, Peru, Bolivia, Colombia, etc.? Or in Spain?

Any hint is very welcome.

There is no required tradition to be followed (in line with this).
In a negocio of oneroso and lucrativo nature, if you still want to make it both fancier and clearer, it's explicitly enough to write about the bienes y/o derechos controvertidos.

In your example, B's car is all of the bienes controvertidos de parte de B en el negocio.

With regards to a, whenever used, contraprestación pecuniaria, either A aporta 5.000,00 dólares PAÍS en concepto de bienes controvertidos (for cash in hand, wire transfer, etc.) or A transmite un derecho de cobro de 5.000,00 dólares PAÍS en concepto de bienes controvertidos (in case of broader credit).

En virtud del presente contrato, you can add to it if you want.

Improve this answer
-1

There isn’t one

Common law contract law requires this, civil law contract law doesn’t.

Improve this answer

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .