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    Oblicon Module 11

    Uploaded by

    Mika Molina
    This document outlines general provisions and principles of contracts. It defines a contract as a meeting of minds between two parties where one party binds themselves to give something or render a service to the other. Contracts create legal obligations after being entered into. The document then discusses different types of contracts based on various classifications like form, obligatory force, persons obliged, and dependence on other contracts. It also outlines some key principles of contracts like autonomy, consensuality, mutuality, binding effect, and relativity. Exceptions to some principles are noted, such as situations where contracts can affect or create obligations for third parties.

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    Oblicon Module 11

    Uploaded by

    Mika Molina
    28 views4 pages
    This document outlines general provisions and principles of contracts. It defines a contract as a meeting of minds between two parties where one party binds themselves to give something or render a service to the other. Contracts create legal obligations after being entered into. The document then discusses different types of contracts based on various classifications like form, obligatory force, persons obliged, and dependence on other contracts. It also outlines some key principles of contracts like autonomy, consensuality, mutuality, binding effect, and relativity. Exceptions to some principles are noted, such as situations where contracts can affect or create obligations for third parties.

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    This document outlines general provisions and principles of contracts. It defines a contract as a meeting of minds between two parties where one party binds themselves to give something or render a service to the other. Contracts create legal obligations after being entered into. The document then discusses different types of contracts based on various classifications like form, obligatory force, persons obliged, and dependence on other contracts. It also outlines some key principles of contracts like autonomy, consensuality, mutuality, binding effect, and relativity. Exceptions to some principles are noted, such as situations where contracts can affect or create obligations for third parties.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    28 views4 pages

    Oblicon Module 11

    Uploaded by

    Mika Molina
    This document outlines general provisions and principles of contracts. It defines a contract as a meeting of minds between two parties where one party binds themselves to give something or render a service to the other. Contracts create legal obligations after being entered into. The document then discusses different types of contracts based on various classifications like form, obligatory force, persons obliged, and dependence on other contracts. It also outlines some key principles of contracts like autonomy, consensuality, mutuality, binding effect, and relativity. Exceptions to some principles are noted, such as situations where contracts can affect or create obligations for third parties.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 4

    Contracts – General Provision

    Article 1305. A contract is a meeting of minds between two persons whereby one
    binds himself, with respect to the other, to give something or to render some
    service. (1254a)

    1. Contracts
    A contract is a meeting of minds between two persons whereby one binds
    himself, with respect to the other, to give something or to render some service.

    Contracts and Obligation Distinguished


    A contract is one of the sources of An obligation is a legal tie or relation itself
    obligations. that exists after a contract has been
    entered into.

    2. General Principles or Tenets


    According to name or designation:
    1. Nominate
    2. Innominate (Article 1307)

    According to perfection:
    1. Consensual
    2. Real (Article 1315, 1316)

    According to cause:
    1. Onerous
    2. Remuneratory or remunerative
    3. Gratuitous (Article 1350)

    According to form:
    1. Informal or common
    2. Formal or solemn
    According to obligatory force:
    1. Valid (Article 2306)
    2. Rescissible
    3. Voidable
    4. Unenforceable
    5. Void or inexistent

    According to form:
    1. Informal or common
    2. Formal or solemn (Article 1356)

    According to person obliged:


    1. Unilateral
    2. Bilateral

    According to dependence to another contract:


    1. Preparatory
    2. Accessory
    3. Principle

    According to liability:
    1. Unilateral
    2. Bilateral

    3. Autonomy
     Parties are free to stipulate terms and provisions in a contract, as long as
    these terms and provisions are not contrary to law, morals, good customs,
    public order, and public policy.

    4. Consensuality of Contracts
     Contracts are perfected by mere consent, and no form is prescribed by law
    for their validity.
    Exception:
    a. Real contracts (such as pledge, chattel mortgage)
    b. Contracts covered under the Statute of Frauds

    5. Mutuality of Contracts
     Its validity and performance cannot be left to the will of only one of the parties.

    6. Binding Effect
     By the obligatory force of contracts, it constitutes the law as between the
    parties who are compelled to perform under the threat of being sued in the
    courts of law.

    7. Relativity
     Contracts are binding only upon the parties and their successors-in-interest.

    Exceptions:
     Stipulation in favor of a third person (stipulation pour autrui) as in beneficiary
    of an insurance policy.
     Contracts creating real rights.
     Third-person liable to pay damages in case he induces a party to violate his
    contract.

    A stipulation pour autri (stipulation in favor of the third person) will prosper as
    long as the following requisites are present:
     It must be for the benefit or interest of the third person.
     Such benefit must not be merely incidental.
     Contracting parties must clearly and deliberately confer such benefit or
    interest upon the third person.
     That third person must have communicated his acceptance to the obligor
    before his revocation.
    Sources:
    Carpio-Aldeguer, C. (1970, January 01). Law on Obligations and Contracts (Part 3).
    Retrieved February 5, 2021, from http://chriscaldeguer.blogspot.com/2010/10/law-on-
    obligations-and-contracts-part-3.html
    S., D. L., & Jr, D. L. (2014). The Law on Obligations and Contracts. Manila: Rex
    Book Store.

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