Intuitu Personae is a term used in law to describe contracts of obligation. It comes from Latin and means " Attention to the person ", it is used to describe those contracts made between two parties and in which it must be fully complied with. A clear example of Intuitu Personae is an employment contract; When a person is hired by a company or institution, he receives precise orders and specifications of how the work he will perform will be canceled, when signing, the worker acquires the commitment to comply with the provisions of said agreement.
Relationships with a pact of the Intuitu Personae type are considered of high moral value, represent a great responsibility and it is for that reason that they are framed in laws and statutes that regulate them, in order to avoid that this principle is marginalized in an important stipulation. One of the most outstanding contracts is marriage, the union of two people constitutes the creation of a family nucleus, the Intuitu Personae that is manifested here is in order to ensure the good of the couple, of the goods and above all material things, children and offspring. A marriage is a commitment that should last a lifetime, in it we see very often how the Intuitu Personae is respected or violated.
The importance of this term rests on the own and acquired commitment, when a man commits himself, he must not break his word, otherwise he will incur penalties according to the governing body that establishes sanctions. It is well understood that the consideration of the quality of a person as a fundamental element of an agreement, has a greater and more genuine application to those contracts that contain, on the part of the debtor, an obligation to do; Without even remotely wanting to say that all contracts with an obligation to do, must be regarded as intuito personae, since in many of them what matters is that the thing be done, regardless of who does it.
Nos habíamos entonces referido a relaciones estrechas, en las que las partes deben ser obligadas, sin embargo, existen contratos colectivos en donde la cantidad de personas involucradas puede ser variable y por lo tanto suplantar o completar con alguien mas el compromiso que se esta ejecutando.
