CONTRACT

OF LEASE

Prepared By:
Marinel June S.Paler
CONTRACT
– 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. (Art. 1305, NCC)
– Contract is a juridical convention manifested in legal form,
by virtue of which one or more persons or parties bind
themselves in favor of another or others, or reciprocally, to
the fulfillment of a prestation to give, to do or not to do.
 CARDINAL RULES IN
DRAFTING CONTRACTS AS
LEGAL DOCUMENTS
– RULE 1
– The usual commencement of a contract should be “This
agreement” or “An Agreement” or “Articles of Agreement”
although it is better to state the particular kind of contract or
agreement to be drafted such as “This Mortgage”, “This Contract
of Sale” or “This Contract of Lease”
– RULE 2
– The full names of the parties, their capacity, civil status and their
residences should come next.
– RULE 3
– The principal or operational clauses of the document should be
stated in separate numbered paragraphs to facilitate ready
reference thereto.
 CARDINAL RULES IN
DRAFTING CONTRACTS AS
LEGAL DOCUMENTS
– RULE 4
– Verbosity should be avoided.
– RULE 5
– Specific or technical terms, which have special meanings in
the document, should be especially defined.
– RULE 6
– Names of parties should be repeated. The use of PRONOUNS
would give rise to ambiguity.
 CARDINAL RULES IN
DRAFTING CONTRACTS AS
LEGAL DOCUMENTS
– RULE 7
– The document must be neat, free from erasures,
interlineations, or suspicions of alterations.
– RULE 8
– A clause may be inserted at the end of the agreement that:
This contract shall extend and be binding upon the parties
thereto, their executors, administrators, and assigns.
– RULE 9
– The place and date of execution of the document usually
come last.
 PARTS OF A CONTRACT OF
LEASE OF PERSONAL
PROPERTY
– 1] Title
– [2] Announcement
– [3] Parties
– [4] Conditions or terms
– [5] Signatures
– [6] Acknowledgement
 PARTS OF A CONTRACT OF
LEASE OF REAL PROPERTY

– [1] Title
– [2] Announcement
– [3] Parties
– [4] Whereases
– [5] Agreement proper
– [6] Conditions or terms
– [7] Signatures
– [8] Acknowledgement