CHAPTER 3

Form of contract (2 or 3)
Classification of contract - form (2)
Rules: Gen. (1) Ex. (3)
Form for validity of contract (5)
*contracts covered by the statute of
frauds, law requires contract be in
writing. If contract is not in writing,
contract is valid as long as all requisites
are there but cannot be proved or
enforced unless ratified.
*some cases require a certain form of
contracts for convenience of parties so
contract can be registered into the
property registry to make effective the
rights under the contract
*parties can compel each other as long as
the contract is valid and enforceable
*Statute of Frauds apply only to
executory contracts
Must appear in public document (4)
*contracts are valid even if not in public
document or instrument
*public document is only for convenience
and protection of parties against 3rd
persons (not to determine validity)

CHAPTER 4
Reformation
Requisites for reformation (5) “MeeW-DFaC”
Reformation vs. Annulment
*New CC prevails over principles of GLOR.
GLOR will only have suppletory effect
Mutual mistake – MOF, both parties, cause
Requisites to justify reformation - Mutual
Mistake (4) “FAPROMUCA”
*the right to ask reformation is granted
only to the party who was mistaken in
good faith
*the remedy of reformation may be
availed by the party who acted in good
faith. The concealment of mistake by the
other constitutes fraud
*neither party is responsible; thus, either
may ask for reformation
*such true intention must prevail for the
contract must be complied with good
faith
Cases reformation is not allowed (4)
Party entitled to reformation (3 in order)
*reformation is retroactive from the time
of the execution of the original contract