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Abstract
In the financial markets, transactions of securities with prospects of profitability, coverage, mobilization and optimization are carried out. Such securities first manifest themselves in the economic sector, subsequently receiving juridical regulation. Financial derivatives stand out because of their novelty and, among them, futures contracts. This is a new concept that originates in a purchase-and-sale contract although, due to financial engineering, it has evolved into a legal transaction with its own characteristics, now unassimilable into the typical contractual concepts in our legislation. Commercial Code regulations —especially those pertaining to commercial practice and, alternatively, Civil Code provisions — would be applicable to these contracts. Determining their juridical nature is not an easy task. In this paper, they are considered atypical, definitive, consensual, principal, commercial and standard-form contracts. If they are transacted in a regulated market, registration in a Clearing House is called for.