Art 1356 - 1408
Art 1356 - 1408
FORM OF CONTRACTS
Art. 1356. Contracts shall be _________, in whatever _________ they may have been _________ into, _________ all the
_________ requisites for their _________ are present. However, when the law _________ that a contract be in some form in
order that it may be valid or _________, or that a contract be proved in a _________ way, that requirement is absolute and
_________. In such cases, the _________ of the parties stated in the following article cannot be _________.
Art. 1357. If the law requires a _________ or other special form, as in the _________ and contracts enumerated in the following
article, the contracting parties may _________ each other to _________ that form, _________ the contract has been _________.
This right may be exercised _________ with the _________ upon the contract.
(1) Acts and contracts which have for their _________ the creation, _________, modification or _________ of _________ rights
over immovable _________; _________ of real property or of an _________ therein a governed by Articles 1403, No. 2, and
1405;
(2) The cession, _________ or _________ of _________ rights or of those of the _________ partnership of gains;
(3) The power to _________ property, or any other power which has for its object an act _________ or which should _________
in a public document, or should _________ a third person;
(4) The cession of _________ or rights _________ from an act appearing in a public document.
All _________ contracts where the amount involved _________ five hundred pesos must appear in _________, _________ a
private one. But sales of goods, _________ or things in _________ are governed by Articles, 1403, No. 2 and 1405. (1280a)
CHAPTER 4
REFORMATION OF INSTRUMENTS
Art. 1359. When, there having been a meeting of the minds of the parties to a contract, their _________ intention is not
_________ in the instrument purporting to _________ the agreement, by reason of mistake, _________, _________ conduct or
_________, one of the parties may ask for the _________ of the instrument to the _________ that such true intention may be
expressed.
If mistake, fraud, inequitable conduct, or accident has _________ a meeting of the minds of the parties, the proper _________ is
not reformation of the instrument but _________ of the contract.
Art. 1360. The principles of the general law on the reformation of _________ are hereby _________ insofar as they are not in
_________ with the provisions of this Code.
Art. 1361. When a _________ mistake of the parties causes the _________ of the instrument to disclose their _________
agreement, said instrument may be _________.
Art. 1362. If one party was mistaken and the other acted _________ or _________ in such a way that the instrument does not
show their true intention, the _________ may ask for the reformation of the instrument.
Art. 1363. When one party was mistaken and the other knew or _________ that the instrument did not state their real
_________, but _________ that fact from the former, the instrument may be _________.
Art. 1364. When through the ignorance, _________ of skill, _________ or bad faith on the part of the person _________ the
instrument or of the clerk or _________, the instrument does not express the true intention of the _________, the _________
may order that the instrument be reformed.
Art. 1365. If two parties _________ upon the mortgage or _________ of real or _________ property, but the instrument states
that the property is sold _________ or with a right of _________, reformation of the instrument is _________.
Art. 1366. There shall be no reformation in the following cases:
(2) _________;
Art. 1367. When one of the parties has brought an action to _________ the instrument, he cannot _________ ask for its
reformation.
Art. 1368. Reformation may be ordered at the instance of either party or his successors in _________, if the _________ was
_________; otherwise, upon petition of the _________ party, or his heirs and assigns.
Art. 1369. The _________ for the reformation of instrument shall be governed by rules of court to be promulgated by the
Supreme Court.
CHAPTER 5
INTERPRETATION OF CONTRACTS
Art. 1370. If the _________ of a contract are clear and leave no _________ upon the intention of the contracting parties, the
_________ meaning of its stipulations shall _________.
If the _________ appear to be _________ to the _________ intention of the parties, the _________ shall prevail over the former.
Art. 1371. In order to _________ the intention of the contracting parties, their _________ and subsequent _________ shall be
_________ considered.
Art. 1372. However _________ the terms of a contract may be, they shall not be understood to _________ things that are
_________ and _________ that are _________ from those upon which the parties intended to agree.
Art. 1373. If some stipulation of any contract should admit of _________ meanings, it shall be understood as bearing that
_________ which is _________ _________ to render it _________.
Art. 1374. The _________ stipulations of a contract shall be interpreted _________, attributing to the _________ ones that sense
which may result from all of them taken _________.
Art. 1375. Words which may have different _________ shall be understood in that which is _________ in keeping with the
_________ and _________ of the contract.
Art. 1376. The _________ or _________ of the place shall be borne in mind in the _________ of the _________ of a contract, and
shall fill the _________ of stipulations which are _________ established.
Art. 1377. The interpretation of _________ words or stipulations in a contract shall not _________ the party who _________ the
obscurity.
Art. 1378. When it is _________ impossible to settle doubts by the rules established in the preceding articles, and the doubts
refer to _________ circumstances of a _________ contract, the _________ transmission of rights and _________ shall
_________. If the contract is _________, the doubt shall be settled in favor of the _________ _________ of interests.
If the doubts are cast upon the _________ object of the contract in such a way that it cannot be _________ what may have been
the intention or _________ of the parties, the contract shall be null and void.
Art. 1379. The principles of _________ stated in Rule 123 of the Rules of Court shall likewise be observed in the _________ of
contracts.
CHAPTER 6
RESCISSIBLE CONTRACTS
Art. 1380. Contracts _________ agreed upon may be _________ in the cases established by law. (1290)
(1) Those which are entered into by guardians whenever the wards whom they represent suffer _________ by _________ than
one-fourth of the _________ of the things which are the object thereof;
(2) Those agreed upon in _________ of absentees, if the _________ suffer the lesion stated in the preceding number;
(3) Those undertaken in _________ of creditors when the latter cannot in any other _________ collect the _________ due them;
(4) Those which refer to things under _________ if they have been entered into by the defendant _________ the knowledge and
_________ of the litigants or of competent judicial authority;
Art. 1382. Payments made in a state of _________ for obligations to whose fulfillment the debtor could not be _________ at the
time they were _________, are also _________.
Art. 1383. The action for rescission is _________; it cannot be instituted except when the party _________ damage has no other
legal means to obtain _________ for the same.
Art. 1384. Rescission shall be only to the extent _________ to _________ the damages _________.
Art. 1385. Rescission creates the obligation to _________ the things which were the object of the contract, _________ with
their _________, and the price with its _________; consequently, it can be carried out _________ when he who _________
rescission can return whatever he may be obliged to _________.
Neither shall rescission take place when the things which are the object of the contract are _________ in the _________ of
third persons who did not act in bad faith.
In this case, _________ for damages may be _________ from the person causing the _________.
Art. 1386. Rescission referred to in Nos. 1 and 2 of Article 1381 shall not take place with respect to contracts _________ by the
courts.
Art. 1387. All contracts by virtue of which the debtor _________ property by gratuitous title are _________ to have been entered
into in fraud of creditors, when the _________ did not reserve _________ property to pay _________ debts contracted
_________ the donation.
_________ by onerous title are also presumed _________ when made by persons against whom some judgment has been
issued. The decision or _________ need not refer to the property alienated, and need not have been _________ by the party
seeking the rescission.
In addition to these presumptions, the _________ to defraud creditors may be _________ in any other manner _________ by
the law of _________.
Art. 1388. Whoever acquires in bad faith the things alienated in fraud of creditors, shall indemnify the latter for _________
suffered by them on account of the _________, whenever, due to _________ cause, it should be _________ for him to return
them.
If there are two or more alienations, the first _________ shall be liable first, and so on _________.
Art. 1389. The _________ to claim rescission must be _________ _________ four years.
For persons under _________ and for absentees, the period of four years shall not begin until the _________ of the former's
_________, or until the _________ of the latter is _________.
CHAPTER 7
VOIDABLE CONTRACTS
Art. 1390. The following contracts are voidable or _________, even though there may have been no _________ to the
contracting parties:
(1) Those where _________ of the parties is _________ of _________ consent to a contract;
(2) Those where the consent is _________ by mistake, violence, _________, _________ influence or _________.
These contracts are _________, unless they are annulled by a proper _________ in court. They are _________ of ratification.
Art. 1391. The action for _________ shall be _________ within four years.
In cases of intimidation, violence or undue influence, from the time the _________ of the consent _________.
In case of _________ or fraud, from the time of the _________ of the same.
And when the action refers to contracts entered into by minors or other _________ persons, from the time the _________
ceases.
Art. 1393. Ratification may be _________ expressly or _________. It is understood that there is a tacit ratification if, with
_________ of the reason which renders the contract voidable and such reason having _________, the person who has a right
to invoke it should _________ an act which necessarily implies an _________ to waive his right.
Art. 1394. Ratification may be _________ by the _________ of the incapacitated person.
Art. 1395. Ratification does not _________ the _________ of the contracting party who has _________ right to bring the
action for _________.
Art. 1396. Ratification _________ the contract from all its _________ from the _________ it was constituted.
Art. 1397. The action for the annulment of contracts may be instituted by all who are thereby obliged principally or _________.
However, persons who are _________ cannot _________ the incapacity of those with whom they contracted; nor can those
who _________ intimidation, violence, or undue influence, or employed fraud, or caused mistake base their action upon these
_________ of the contract.
Art. 1398. An obligation having been annulled, the contracting parties shall _________ to each other the things which have been
the subject matter of the contract, with their fruits, and the price with its interest, _________ in cases provided by law.
In obligations to render service, the _________ thereof shall be the _________ for damages.
Art. 1399. When the defect of the contract consists in the incapacity of one of the parties, the incapacitated person is not obliged
to make any _________ except insofar as he has been _________ by the thing or price received by him.
Art. 1400. Whenever the person obliged by the decree of annulment to return the thing can not do so because it has been lost
through his _________, he shall return the fruits received and the value of the thing at the _________ of the loss, with interest
from the same _________.
Art. 1401. The action for annulment of contracts shall be _________ when the thing which is the object thereof is lost through
the _________ or fault of the person who has a _________ to institute the proceedings.
If the right of action is based upon the incapacity of any one of the contracting parties, the loss of the thing shall not be an
_________ to the _________ of the action, unless said loss took place through the fraud or fault of the plaintiff.
Art. 1402. As long as one of the contracting parties does not restore what in virtue of the decree of annulment he is _________
to return, the other cannot be _________ to comply with what is _________ upon him.
CHAPTER 8
UNENFORCEABLE CONTRACTS
Art. 1403. The following contracts are unenforceable, _________ they are _________:
(1) Those entered into in the name of _________ person by one who has been given no authority or legal _________, or who has
acted _________ his powers;
(2) Those that do not comply with the Statute of Frauds as set forth in this number. In the following cases an agreement hereafter
made shall be _________ by action, unless the same, or some note or memorandum, thereof, be in _________, and subscribed
by the party _________, or by his _________; evidence, therefore, of the agreement cannot be received without the writing, or
a _________ evidence of its _________:
(a) An agreement that by its terms is not to be performed _________ a year from the _________ thereof;
(b) A special _________ to answer for the debt, _________, or _________ of another;
(c) An agreement made in _________ of marriage, other than a _________ promise to marry;
(d) An agreement for the sale of goods, _________ or things in action, at a price not _________ than _________ hundred
pesos, unless the buyer accept and receive part of such goods and chattels, or the evidences, or some of them, of such things in
action or pay at the time some part of the purchase money; but when a sale is made by _________ and entry is made by the
auctioneer in his sales book, at the time of the sale, of the amount and kind of property sold, terms of sale, price, names of the
purchasers and person on whose account the sale is made, it is a sufficient _________;
(e) An agreement of the leasing for a longer period than _________year, or for the sale of _________ property or of an
_________ therein;
(3) Those where _________ parties are _________ of giving consent to a contract.
Art. 1404. _________ contracts are governed by Article 1317 and the principles of _________ in Title X of this Book.
Art. 1405. Contracts infringing the Statute of Frauds, referred to in No. 2 of Article 1403, are ratified by the _________ to object
to the presentation of _________ evidence to prove the same, or by the _________ of benefit under them.
Art. 1406. When a contract is enforceable under the Statute of Frauds, and a _________ document is _________ for its
registration in the Registry of Deeds, the parties may avail themselves of the right under Article 1357.
Art. 1407. In a contract where _________ parties are incapable of giving consent, express or implied ratification by the parent, or
guardian, as the case may be, of one of the contracting parties shall give the contract the same effect as if only _________ of
them were incapacitated.
If ratification is made by the parents or guardians, as the case may be, of both contracting parties, the contract shall be
_________ from the _________.