THE LAW ON

OBLIGATIONS AND
CONTRACTS
ARTICLES 1359-1364

PRESENTED BY: CANOMON,JARL

 ARTICLE 1359

WHEN, THERE HAVING BEEN A MEETING OF THE MINDS OF THE PARTIES TO A

CONTRACT, THEIR TRUE INTENTION IS NOT EXPRESSED IN THE INSTRUMENT
PURPORTING TO EMBODY THE AGREEMENT, BY REASON OF MISTAKE, FRAUD,
INEQUITABLE CONDUCT OR ACCIDENT, ONE OF THE PARTIES MAY ASK FOR THE
REFORMATION OF THE INSTRUMENT TO THE END THAT SUCH TRUE INTENTION
MAY BE EXPRESSED.

IF MISTAKE, FRAUD, INEQUITABLE CONDUCT, OR ACCIDENT HAS PREVENTED A

MEETING OF THE MINDS OF THE PARTIES THE PROPER REMEDY IS NOT
REFORMATION OF THE INSTRUMENT BUT ANNULMENT OF THE CONTRACT.
 ARTICLE 1360

THE PRINCIPLES OF THE GENERAL LAW

ON THE REFORMATION OF INSTRUMENTS
ARE HEREBY ADOPTED INSOFAR AS THEY
ARE NOT IN CONFLICT WITH THE
PROVISIONS OF THIS CODE.
 ARTICLE 1361

WHEN A MUTUAL MISTAKE OF THE PARTIES

CAUSES THE FAILURE OF THE INSTRUMENT
TO DISCLOSE THEIR REAL AGREEMENT, SAID
INSTRUMENT MAY BE REFORMED.
 ARTICLE 1362

IF ONE PARTY WAS MISTAKEN AND THE OTHER

ACTED FRAUDULENTLY OR INEQUITABLY IN
SUCH A WAY THAT THE INSTRUMENT DOES
NOT SHOW THEIR TRUE INTENTION, THE
FORMER MAY ASK FOR THE REFORMATION OF
THE INSTRUMENT.
 ARTICLE 1363

WHEN ONE PARTY WAS MISTAKEN AND THE

OTHER KNEW OR BELIEVED THAT THE
INSTRUMENT DID NOT STATE THEIR REAL
AGREEMENT, BUT CONCEALED THAT FACT
FROM THE FORMER, THE INSTRUMENT MAY
BE REFORMED.
 ARTICLE 1364

WHEN THROUGH THE IGNORANCE, LACK OF SKILL,

NEGLIGENCE OR BAD FAITH ON THE PART OF THE
PERSON DRAFTING THE INSTRUMENT OR OF THE CLERK
OR TYPIST, THE INSTRUMENT DOES NOT EXPRESS THE
TRUE INTENTION OF THE PARTIES, THE COURTS MAY
ORDER THAT THE INSTRUMENT BE REFORMED.