Title II – Contracts

Chapter 1
Contracts – a juridical convention manifested in legal form, by virtue of ORDINARY CONTRACT MARRIAGE CONTRACT
which one/more persons bind themselves in favor of PARTIES
another/other, or reciprocally, to the fulfillment of a two/more persons of the same or one man and one woman
prestation to give, to do or not to do different sexes
NATURE, CONSEQUENCES AND INCIDENTS
ART 1305. A contract is a meeting of minds between two governed by the agreement of the governed by law
persons whereby one binds himself, with respect to the parties
other, to give something or to render some service RESULT
Such definition is incomplete and defective executed = contract celebrated = status
1.) Incomplete TERMINATED/DISSOLVED
- limited to Consensual contracts, Unilateral contracts and agreement not allowed
Contracts that create obligations IN CASE OF BREACH
- does not include Real contracts, Formal contracts, Bilateral action for damages civil action for legal separation or
contracts and Contracts entered into to extinguish and criminal action for adultery or
concubinage
obligation (mutual dissent)
Perfected promise – tends to insure and pave the way for the celebration
2.) Defective
of a future contract
- makes it appear that a contract needs two people but it
Imperfect promise – unaccepted offer
should be two parties
Pact – incidental part of a contract which can be separated from the
- one person can enter into a valid contract representing two
principal agreement
parties
Stipulation – essential and dispositive part which cannot be separated
from the principal agreement
Auto-contract – contract entered into by one person representing two
parties
Elements of Contracts
1.) Essential – those without which there can be no contract
CONTRACTS DISTINGUISHED FROM OTHER JUDICIAL
(a) Common – Consent, Object and Cause
CONVENTIONS
(b) Special – present only in certain contracts
(c) Extraordinary – peculiar to a specific contract
CONTRACTS OTHERS
2.) Natural – derived from the nature of the contract and are
PRINCIPAL SOURCE OF Agreement Law
RIGHTS AND OBLIGATIONS presumed by law unless otherwise stipulated
3.) Accidental – exists only when the parties expressly provide for
1. Concrete 1. Elastic
RIGHTS AND OBLIGATIONS 2. Limited 2. Absolute them for the purpose of limiting or modifying
3. Transitory 3. Permanent effects of the contracts
4.) Existence of two parties

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Title II – Contracts
Chapter 1
Characteristics of Contracts
1.) Obligatory force