Definition of onerous title - What is it, Meaning and Concept

Before entering fully into the definition of onerous title it is necessary that we know the etymological origin of the two words that shape it:-Title, first, comes from the Latin "titulus" and can be translated as "label "Or" cartel ".-Oneroso, secondly, also derives from Latin.In its most concrete case it comes from" onus, oneris ", which means" abundance "or" something heavy ".

A title , in the context of finances , is a document that enables the representation of public debt or a security. Oneroso , meanwhile, is an adjective that refers to what is burdensome.

The idea of ​​ onerous title , in this context, refers to a contract that implies reciprocal obligations for both parties .Most common contracts, therefore, are onerous titles.

The onerous title carries different legal obligations .Among them is the obligation of make fungible : this means that the obligation can be carried out by any individual who has capacity and that the benefit of the creditor can be satisfied by the debtor or by another subject.

The onerous titles, in addition, imply what is known as obligation of sanitation .The contract obliges the debtor to indemnify or protect the creditor, complying with the obligation acquired.

The employment contract is an example of an onerous title.Through this contract, the worker assumes the obligation to perform certain tasks for his employer, who in turn is obliged to grant him a compensation .

Another onerous title is the sales contract : one party is obliged to deliver a good while the other party must pay said good with money ., in this way, it grants a legal framework to the purchase of something (operation that, in turn, necessarily implies a sale).

The transport contract , the contract of partnership and the lease agreement are also part of the burdensome titles.

When talking about an onerous title, as a general rule, this will be associated with what is called a free title.This second type of act or contract is identified by the fact that it is clear in the same what is the advantage of one of the parties as opposed to the other.This circumstance makes that title more subject to situations such as termination, revocation, reduction…

Among the most common free titles, also called charities, we find deposit agreements, mutual contracts, mandate contracts or even bailment contracts.

In the same way , we cannot forget that when talking about the expensive ones and the free ones, it is also frequent that mention is made of a third type of title or contract.We are referring to the remunerative one, which is identified by the fact that a person obtains a benefit with which it is sought to compensate it for some benefit that it is making in a free and spontaneous way.However, in other cases, what is intended is to compensate it for the burden that has been imposed on it by the aforementioned benefit.