Professional Documents
Culture Documents
08 Handout 1
08 Handout 1
FORM OF
CONTRACTS
Article 1356. Contracts shall be obligatory, in whatever form they may have been entered into, provided all
the essential requisites for their validity are present. However, when the law requires that a contract be in
some form so that it may be valid or enforceable or that a contract be proved in a certain way, that
requirement is absolute and indispensable. The parties' rights stated in the following article cannot be
exercised in such cases.
Form of Contract
The manner in which the contract is executed and manifested. In general, contracts are valid and binding
from their perfection regardless of form, whether oral or written, provided the three essential requisites are
present: consent, object and consideration.
to establish a law office. Ana and Mara contributed to the land where the office will be built,
while Janine contributed to the office. Since their contributions are in the form of an immovable
property, the law requires that such contributions be made in a public instrument to affect third
persons.
The following contracts must be in writing not for validity but for its enforceability, namely:
a. An agreement that by its terms is not to be performed within a year from the making thereof;
b. A special promise to answer for the debt, default, or miscarriage of another;
c. Agreement made in consideration of marriage, other than a mutual promise to marry;
d. An agreement for selling goods, chattels or things in action at a price not less than five (5)
hundred pesos, unless the buyer accepts and receives part of such goods or things in action
or pays some part of the purchase money at the time.
e. An agreement for the leasing for a longer period than one (1) year for the sale of real property
or of an interest therein;
f. A representation as to the credit of a third person.
References
Civil Code of the Philippines
De Leon, H. S. & De Leon Jr., H. M. (2014). The Law on obligations and contracts. Rex Book Store.
Paras, E. (2016). Civil code of the Philippines annotated prescription; obligations and contracts article 1106-
1457. Rex Book Store.
Pineda, E. (2009). Obligations and contracts. Central Book Supply, Inc.
Cagurangan, T. (2022). Essentials in Law on Obligations and Contracts