Scribd Logo
Upload

Welcome to Scribd!

  • Law Finals Reviewer

    Uploaded by

    Dana Elysse Madulid
    15 views2 pages
    The document discusses key provisions in Philippine contract law: 1) A contract requires a meeting of the minds between two parties where one binds himself to give, do, or not do something in exchange for the other's acceptance. 2) Parties have freedom to contract as long as the contract's terms do not violate law, public morals, customs, public order, or public policy. 3) Contracts can be nominate (specific name) or innominate (no specific name) and innominate contracts are regulated by the parties' stipulations and analogous contract rules.

    Original Description:

    Copyright

    © Attribution Non-Commercial (BY-NC)

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    The document discusses key provisions in Philippine contract law: 1) A contract requires a meeting of the minds between two parties where one binds himself to give, do, or not do something in exchange for the other's acceptance. 2) Parties have freedom to contract as long as the contract's terms do not violate law, public morals, customs, public order, or public policy. 3) Contracts can be nominate (specific name) or innominate (no specific name) and innominate contracts are regulated by the parties' stipulations and analogous contract rules.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    15 views2 pages

    Law Finals Reviewer

    Uploaded by

    Dana Elysse Madulid
    The document discusses key provisions in Philippine contract law: 1) A contract requires a meeting of the minds between two parties where one binds himself to give, do, or not do something in exchange for the other's acceptance. 2) Parties have freedom to contract as long as the contract's terms do not violate law, public morals, customs, public order, or public policy. 3) Contracts can be nominate (specific name) or innominate (no specific name) and innominate contracts are regulated by the parties' stipulations and analogous contract rules.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 2

    CONTRACTS Chapter 1- GENERAL PROVISIONS ART 1305 WHAT IS A CONTRACT Meeting of the minds bet.

    t. 2 persons One binds himself w/ respect to the other To give, to do, to not do An offer is accepted by the other C is one of the sources of obligations (no c if no o) C is an agreement enforceable through legal proceedings. (all c are agreements but not all agreements are c)

    ART 1306 FREEDOM TO CONTRACT Cing parties may establish stipulations, clauses, terms and conditions as long as they arent contrary to law, morals, good customs, public order and policy. -freedom to contract is both a constitutional & statutory right LIMITATIONS: 1) LAW in accordance with 2) POLICE POWER enforcement. when no law exists/is silent, parties will prevails as long as it promotes public health, morals, safety and general welfare and convenience. CONTRACT MUST NOT BE CONTRARY TO LAW - LAW: A rule of conduct, just, obligatory, promulgated by legislative authority and of common observance and benefit. CONTRACT MUST NOT BE CONTRARY TO MORALS - MORALS: deal with norms of good & right conduct CONTRACT MUST NOT BE CONTRARY TO GOD CUSTOMS - CUSTOMS: habits and practices w/c through long usage have been followed & enforced by society. They are expressly mentioned slap father example. CONTRACT MUST NOT BE CONTRARY TO PUBLIC ORDER - PUBLIC ORDER: public safety/weal CONTRACT MUST NOT BE CONTRARY TO PUBLIC POLICY - PUBLIC POLICY: public safety + considerations to common good

    ART 1307 Innominate contracts shall be regulated by stipulations of the parties CLASSIFICATION OF CONTRACTS: 1) NOMINATE C: has a specific name or designation in law 2) INNOMINATE C: no specific name or designation in law KINDS OF INNOMINATE C:

    1) 2) 3) 4)

    DO UT DES (I give that you may give) barter/trade DO UT FACIAS (I give that you may do) FACTO UT DES (I do that you may give) FACTO UT FACIAS (I do that you may do)

    REASONS FOR INNOMINATE CONTRACTS: - The impossibility of anticipating all forms of agreement RULES ON INNOMINATE C: 1) Agreement of parties 2) Provisions of CIVIL CODE ON OBLICON 3) Rules governing the most analogous contracts 4) Customs of the place ART 1308 C must bind both contracting parties. Its validity/compliance cant be one-sided Enforceable against either No party can renounce/violate the contracts law w/out the others consent. ART 1309 determination of performance may be left to a 3rd person Decision should not be binding until made known to both ART 1310

    You might also like