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Obligation and Contract
Obligation and Contract
BS Electronics Engineering
Module for: ECE 1 (ECE Laws, Contracts, Ethics, Standards & Safety)
Instruction to Learners:
The entire course is divided into four packets which will be delivered to your respective LGU links where you
belong. The packets must be withdrawn from the LGU links as scheduled. You are to undergo a self-directed
learning using this module and a copy of a reference book in digital form. If by any means you have an access to
internet, it is encouraged that you visit your accounts in the SSU Learning Management System for additional
resources. After you studied you are to answer the problem sets and the individual activities asked from you (see
assessment section of the module). You can take the assessment and submit the class requirements online or through
hard copies to the LGU links. Be aware of the deadline of submissions of the said documents, online or not. Late
submissions will affect your grade.
More than the ratings, it is our hope that you learn for your future. It’s okay to ask help from anyone (no one would
know) but do not compromise the chance to learn the lessons. By copying without learning, it is you who will be
affected.
Lesson Proper:
Discuss the Obligation and its concept, source, classification, and also the
Nature and Effects of Obligation
Identify the Object of Contracts and what may be the Object of Contracts
1.1 Introduction
Contracts are part of every aspects of our everyday lives. While renting a house,
you must follow the terms of a lease. If you have a mortgage on your house, you’ve
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BS Electronics Engineering
Module for: ECE 1 (ECE Laws, Contracts, Ethics, Standards & Safety)
essentially got a deal with your bank to pay back the money they’ve been lending you.
The terms and conditions of your job will definitely be specified in a formal
employment contract before you go to work. Wherever you use your cell phone or
queue up your favorite program on your TV subscription service, you are under a
contract. You’ll definitely enter into even more contracts by the end of today. Have you
got a morning coffee or grabbed some groceries? Working out in a gym? What about
opening up the news to your web browser? Did you do some shopping online? All
those operations are contract-driven.
1.2 Topics
OBLIGATIONS
General Provision
Criticism of definition: It is one sided, reflects only the debtor’s side of agreement
– Sanchez Roman.
Elements of Obligation
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BS Electronics Engineering
Module for: ECE 1 (ECE Laws, Contracts, Ethics, Standards & Safety)
Kinds of Presentation
a. TO GIVE – consists in the delivery of a movable or an immovable
thing, in order to create a real right or for the use of a receipt or for its
simple possession or in order to return to its owner.
b. TO DO – all kinds of works or services, whether mental or physical.
c. NO TO DO – consists in abstaining from some act, includes “not to
give,” both being negative obligations.
Requisites of Presentation
a. Physically and juridically possible.
b. Determinate or at least determinable according to pre-established
elements or criteria.
c. Possible equivalent in money
Pecuniary interest need not be for one of the parties, it maybe for
the benefit of 3rd person’s distinct from the parties to the contract.
Prestation need not be of economic character to have pecuniary
value, if it does not have value the law attributes to it economic
value e.g. moral and nominal damages.
Natural Civil
As to enforceability Not by court actions, but Court action or the coercive
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BS Electronics Engineering
Module for: ECE 1 (ECE Laws, Contracts, Ethics, Standards & Safety)
A. LAW [Ex-Lege]
Art 1158 Obligation derived from law are NOT PRESUMED. Only those
expressly determined in this Code or in special laws are demandable, and
shall be regulated by the precepts of the law which establishes them; and as
to what has not been foreseen, by the provision of this book.
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BS Electronics Engineering
Module for: ECE 1 (ECE Laws, Contracts, Ethics, Standards & Safety)
Kinds of Quasi-contracts
Art 2164 When, without the knowledge of the person obliged to give
support, it is given by a stranger, the latter shall have a right
to claim the same from the former, UNLESS it appears that
he gave it out of piety and without intention of being replied.
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BS Electronics Engineering
Module for: ECE 1 (ECE Laws, Contracts, Ethics, Standards & Safety)
Art 2165 When funeral expenses are borne by a third person, without
the knowledge of those relatives who were obliged to give
support to the deceased, said relatives shall reimburse the
third person, should the latter claim reimbursement.
Art 2168 When during a fire, flood, storm, or other calamity, property
is saved from destruction by another person without the
knowledge of the owner, the latter is bound to pay the
former just compensation.
Art 2169 When the government, upon the failure of any person to
comply with health or safety regulations concerning
property, undertakes to do necessary work, even over his
objection, he shall be liable to pay the expenses.
Art 2171 The rights and obligations of the finder of lost personal
property shall be govern by Articles 719 and 720.
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BS Electronics Engineering
Module for: ECE 1 (ECE Laws, Contracts, Ethics, Standards & Safety)
Art 2173 When a third person, without the knowledge of the debtor,
pays the debt, the right of the former is governed by Articles
1236 (recover what has been beneficial to debtor) and 1237
(cannot compel creditor to subrogate payor in his rights).
Art 2175 Any person who is constrained to pay the taxes of another
shall be entitled to reimbursement from the latter.
Art 100, RPC Every person criminally liable for a felony is also civilly liable.
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BS Electronics Engineering
Module for: ECE 1 (ECE Laws, Contracts, Ethics, Standards & Safety)
Art 1161 Civil obligations arising from criminal offenses shall be governed
by the penal laws, subject to the provisions of Article 2177, and of the
pertinent provision, Preliminary Title, on Human Relations, and of Title
XVII, regulating damages.
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BS Electronics Engineering
Module for: ECE 1 (ECE Laws, Contracts, Ethics, Standards & Safety)
GENERAL RULE: Criminal action bars civil action for the same offense
Civil action for recovery of civil liability arising from the offense is
impliedly instituted with the criminal action EXCEPTIONS:
Offended party reserves the right to institute it separately.
The law provides for an independent civil action (i.e. civil action may
proceed to final judgment irrespective of result of the criminal action
and filing of the criminal action does not suspend the civil action).
o Obligations arising from the act or omission claimed to be
criminal (Art 31).
o Violations of constitutional rights and liberties of individuals
(Art 32).
o Defamation, fraud or physical injuries (Art 33).
o Refusal or failure of members of police force to render
protection to life or property (Art 34).
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BS Electronics Engineering
Module for: ECE 1 (ECE Laws, Contracts, Ethics, Standards & Safety)
Test of Negligence: Would a prudent man, in the position of the person to whom
negligence is attributed, foresee harm to the person injured as a reasonable
consequence of the course about to be pursued?
Elements of Negligence
a) Duty on the part of the defendant to protect the plaintiff
from injury of which the latter complains.
b) Failure to perform such duty.
c) An injury to the plaintiff through such failure.
Kinds of Negligence
a) Culpa aquilana – or culpa extra-contractual; negligence as a
source of obligation, a quasi-delict.
b) Culpa contractual – negligence in the performance of a
contract.
c) Culpa criminal – criminal negligence.
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BS Electronics Engineering
Module for: ECE 1 (ECE Laws, Contracts, Ethics, Standards & Safety)
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BS Electronics Engineering
Module for: ECE 1 (ECE Laws, Contracts, Ethics, Standards & Safety)
3. Direct casual connection or relation of cause and effect between the fault
or negligence and the damage or injury OR that the fault or negligence be
the cause of damage or injury.
o DOCTORINE OF PROXIMATE CAUSE: such adequate and
efficient cause as, in the natural order of events, and under the
particular circumstance surrounding the cause, would necessarily
product the event.
o NATURAL AND PROBABLE CAUSE: either when it acts directly
producing the injury, or sets in motion other causes so producing it
and forming a continuous chain in natural sequence down to the
injury.
o CONCURRENT CAUSE: if two causes operate at the same time to
produce a result which might be produced by either independently
of the other, each of them is a proximate cause.
o When the plaintiff’s own negligence was the immediate and
proximate cause of his injury, he cannot recover damages.
o BUT if negligence is only contributory, the immediate and
proximate cause of the injury is defendant’s lack of due care, the
plaintiff may recover damages, the courts shall mitigate the
damages to be awarded (Art 2179).
Art 2180 The obligation imposed by Article 2176 is demandable not only
for one’s own acts or omission, but also for those of persons whom one is
responsible.
The father and, in case of his death or incapacity, the mother, are
responsible for the damages caused by the minor children who live in
their company.
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BS Electronics Engineering
Module for: ECE 1 (ECE Laws, Contracts, Ethics, Standards & Safety)
Art 218, FC The school, its administrators and teachers, or the individual,
entity or institution engaged in child are shall have special parental
authority and responsibility over the minor child while under their
supervision, instruction or custody.
Art 219, FC Those given the authority and responsibility under the
preceding Article shall be principally and solidarily liable for damages
caused by the acts or omissions of the unemancipated minor. The parents,
judicial guardians or the persons exercising substitute parental authority
over said minor shall be subsidiarily liable.
All other cases not covered by this and the preceding articles shall be
governed by the provisions of the Civil Code on quasi-delicts.
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BS Electronics Engineering
Module for: ECE 1 (ECE Laws, Contracts, Ethics, Standards & Safety)
Diligence of Employers – An employer may be held civilly liable for the quasi-
delict or crime of his employee.
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BS Electronics Engineering
Module for: ECE 1 (ECE Laws, Contracts, Ethics, Standards & Safety)
4. WHO: Joint and Solidary (Art 1207-1222) multiple subjects, focuses on the
tie that bonds the parties.
JOINT: each can be made to pay only his share in the obligation.
SOLIDARY: one can be made to pay for the whole obligation subject to
reimbursement.
B. Secondary Classification
2. (As to subject matter) Real (to give) and Personal (to do or not to do)
4. Positive (to give, to do) and Negative (not to give, not to do)
5. Unilateral – only one party bound to perform obligation, one debtor and
one creditor (e.g. simple and remuneratory donation, to give support).
Bilateral – OR synallagmatic contracts, emptio vendito; two parties are
reciprocally bound thus debtor and creditor of each other (e.g. purchase
and sale, ease).
8. As to object or prestation
a. Simple – only one prestation
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BS Electronics Engineering
Module for: ECE 1 (ECE Laws, Contracts, Ethics, Standards & Safety)
A. Obligation TO GIVE
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BS Electronics Engineering
Module for: ECE 1 (ECE Laws, Contracts, Ethics, Standards & Safety)
ACCESSIONS ACCESSORIES
Includes everything which is Those things which, destined for
produced by a thing, or which is embellishment use or
incorporated or attached thereto, preservation of another thing or
either naturally or artificially. more important, have their object
Does not include fruits because Art the completion of the latter for
1164 mentioned it already which they are indispensable or
Accession continua which includes: convenient.
1. Accession natural –
e.g. alluvion
2. Accession industrial –
e.g. building,
planting , sowing
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BS Electronics Engineering
Module for: ECE 1 (ECE Laws, Contracts, Ethics, Standards & Safety)
Art 1164 Par 1 The creditor has a right to the fruits of the thing from the
time the obligation to deliver it arises. However, there is no real right until
the same has been delivered to him.
- Non nudis pactis, sed traditione domina rerum transferentur; the ownership of
things is transferred not only by mere agreements but by delivery.
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BS Electronics Engineering
Module for: ECE 1 (ECE Laws, Contracts, Ethics, Standards & Safety)
o Nonperformance
o Delay
o Loss/deterioration of specific thing
Art 1189 Before happening of suspensive
condition
Art 1190 Before happening of resolutory
condition
Debtor still liable despite FE:
o Expressly specified by law
Art 1942 Bailee liable for loss (commodatum)
Art 2001 Act of a thief
Art 2147 Negotiorum gestio
Art 1993 Loss of deposit
o Stipulation e.g. debtor becomes “insurer” of the
obligation
o Assumption of risk
o Fraud or malice (bad faith)
Art 1165 Par 3 Delivers to two or more persons
having different interest.
o Debtor in delay already when FE happened (Art 1165
Par 3)
o Debtor guilty of concurrent negligence in this case,
no long FE
o Liability arises from criminal act except if debtor
tenders thing and creditor unjustifiably refuses to
receive (Art 1268)
b. Fraud
c. Negligence in performance
d. Delay or default
e. Any manner in contravention of the tenor of obligation
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BS Electronics Engineering
Module for: ECE 1 (ECE Laws, Contracts, Ethics, Standards & Safety)
creditor cannot demand a thing superior quality. Neither can the debtor
deliver a thing of inferior quality. The purpose of the obligation and other
circumstances shall be taken into consideration.
B. Obligation TO DO
Art 1244 Par 2 In obligation to do or not to do, an act or forbearance cannot
substitute by another act or forbearance against the obligee’s will.
- Performance cannot be by a delegate or an agent.
- No legal accessory obligations arise (as compared to obligation to give)
Art 1268 When the obligation consists in not doing, and the obligor does what
has been forbidden him, it shall also be undone at his expense.
Concept
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BS Electronics Engineering
Module for: ECE 1 (ECE Laws, Contracts, Ethics, Standards & Safety)
GENERAL RULE: Rescission will not be permitted for a slight or casual breach of the
SUBSTANTIAL CASUAL
Total Partial
Amounts to non-performance A part is performed
Basis for rescission and payment of damages Gives rise to liability for damages
contract, but only for such breaches as are so substantial and fundamental as to defeat
the object of the parties in making the agreement.
Cases:
Kinds of Fraud
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BS Electronics Engineering
Module for: ECE 1 (ECE Laws, Contracts, Ethics, Standards & Safety)
2. NEGLIGENCE
Art 1173 Par 1 The fault or negligence of the obligor consists in the omission of
the diligence which is required by nature of obligation and corresponds with the
circumstances of the person, of the time and the place. When negligence show
BAD FAITH, the provision of Art 1171 (responsibility arising from fraud) and
Art 2201 Par 2 (responsible for all damages reasonably attributed to non-
performance) shall apply.
Art 2201 Par 2 In case of fraud, bad faith, malice or wanton attitude, the
obligor shall be responsible for all damages which may be REASONABLY
ATTRIBUTED to the non-performance of obligation
Art 1173 Par 2 If law or contract does not state diligence which is to be observed
in the performance, that which is expected of a GOOD FATHER OF FAMILY is
required.
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BS Electronics Engineering
Module for: ECE 1 (ECE Laws, Contracts, Ethics, Standards & Safety)
Effect of Negligence
3. Delay
Art 1169 Those obliged to DELIVER or to DO something incur in delay from the
time the OBLIGEE JUDICIALLY OR EXTRAJUDICIALLY DEMANDS from
them the fulfillment of their obligations
However, the DEMAND by the creditor shall NOT be necessary in order that
delay may exist:
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BS Electronics Engineering
Module for: ECE 1 (ECE Laws, Contracts, Ethics, Standards & Safety)
In reciprocal obligations, neither party incurs in delay if the other DOES NOT
COMPLY or is NOT READY to comply in a proper manner with what is
incumbent upon him. From the moment ONE of the parties fulfills his obligation,
delay by the other begins.
There can only be delay in positive obligations (to give and to do)
and not in negative obligations (not to give and not to do).
4. Contravention of Tenor – any illicit act which impairs the strict and faithful
fulfillment of the obligation or every kind of defective performance.
o Malicious or negligent violation of the terms and conditions stipulated
in the obligation.
o Must not be due to fortuitous even or force majeure, otherwise there
would be no liability.
o Immaterial whether or not the actor is in bad faith or negligent, what is
required is that t is his fault or the act done contravenes their
agreement.
Cases:
Chavez v Gonzales
Telefast v Castro
Arrieta v NARIC
Magat v Medialdea
5. Absolute Non-Performance
Primary Remedies:
Subsidiary
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BS Electronics Engineering
Module for: ECE 1 (ECE Laws, Contracts, Ethics, Standards & Safety)
1. Accion Subrogatoria
2. Accion Pauliana
3. Other specific Remedies
Art 1165 Par 2 If the thing indeterminate or generic, he may ask that the
obligation be complied with at the expense of the debtor.
Delivery of anything belonging to the species stipulated will be sufficient.
Debtor cannot avoid obligation by paying damages if the creditor insists
on the performance.
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BS Electronics Engineering
Module for: ECE 1 (ECE Laws, Contracts, Ethics, Standards & Safety)
The court has no discretion to merely award damages to the creditor when
the act can be done in spite of the refusal or failure of debtor to do so.
EXCEPMTION: Imposition of personal force or coercion upon the debtor
to comply with his obligation, tantamount to involuntary servitude and
imprisonment for debt.
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BS Electronics Engineering
Module for: ECE 1 (ECE Laws, Contracts, Ethics, Standards & Safety)
Art 1192 In case both parties have committed breach of obligation, the
liability of the first infractor shall be equitably tempered by the courts. If it
cannot be determined which of the parties first violated the contract, the same
shall be extinguished and each shall bear his own damages.
Effect of Rescission
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BS Electronics Engineering
Module for: ECE 1 (ECE Laws, Contracts, Ethics, Standards & Safety)
Extinguishment of Liability
GENGERAL RULE: No liability if their fortuitous events intervene
SPECIFIC APPLICATION:
Non-performance
Delay
Loss and deterioration of a specific thing
Art 1189 Loss without the fault of debtor in suspensive condition
Art 1190 Loss without the fault of debtor in resolutory condition
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EXCEPTIONS:
Art 1176 The receipt of the principal by the creditor, without reservation
with respect to the interest, shall give rise to the presumption that interest
has been paid.
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Module for: ECE 1 (ECE Laws, Contracts, Ethics, Standards & Safety)
Art 1178 Subject to the laws, all rights acquired in virtue of an obligation are
transmissible, if there has been no stipulation to the contrary.
Exemptions:
CONTRANCTS
General Provision
A. Definition
Art 1305 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.
- Sanchez Roman: “a juridical convention manifested in legal form, by
virtue of which one or more persons bind themselves in favor of
another or others, or reciprocally, to the fulfillment of a prestation to
give, to do or not to do.”
- Limited to that which produces patrimonial liabilities
o Obligations arising from the contract have the force of law
between the contracting parties.
o There must be mutuality between the parties based on their
essential equality, to which is repugnant to have one party
bound by the contract leaving the other free there from.
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BS Electronics Engineering
Module for: ECE 1 (ECE Laws, Contracts, Ethics, Standards & Safety)
B. Elements of Contract
1. Essential elements – without which there can be no contract.
a. Consent
b. Object
c. Cause
2. Natural elements – exist as part of the contract even if the parties do not
provide for them, because the law, as suppletory to the contract, creates
them. E.g. warranty against hidden defects or eviction in the contract of
purchase and sale.
3. Accidental elements – agreed upon by the parties and which cannot exist
without being stipulated e.g. mortgage, guaranty, bond.
C. Characteristic of a Contract
1. Obligatory force – constitutes the law as between the parties
Art 1308 The contracts must blind both contracting parties; validity or
compliance cannot be left to the will of one of them.
2. Mutuality – validity and performance cannot be left to the will of only one
of the parties.
Purpose is to render void a contract containing a condition which
makes fulfilment dependent exclusively upon the uncontrolled will of
the one of the contracting parties.
Art 1308 The contracts must bind both contracting parties; its validity or
compliance cannot be left to the will of one of them.
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Module for: ECE 1 (ECE Laws, Contracts, Ethics, Standards & Safety)
Art 1473 The fixing of the price can never be left to the discretion of one of
the contracting parties. However, if the price fixed by one of the parties is
accepted by the other, the sale is perfected.
Contract of Adhesion: A contract in which one party has already prepared a form
of a contract containing stipulations desired by him and he simply asks the other
party to agree to them if he wants to enter into the contract.
Art 1311 Par 1 Contracts take effect only between the parties,
assigns and heirs EXCEPT in case where the rights and obligations
arising from the contract are no transmissible by their nature or by
stipulation or by provision of law. The heir is not liable beyond the
value of property he received from the decedent
Intransmissible Contracts:
a. Purely personal e.g. partnership and agency.
b. Very nature of obligation that requires special personal
qualifications of the obligor.
c. Payment of money debts not transmitted to the heirs but
to the estate
D. Parties in a Contract
1. Auto-contracts
o Necessary for the existence of a contract that two distinct persons
enter into it.
o No general prohibitions, only special prohibitions such as Art 1491
(Persons who cannot acquire by purchase, even at a public or
judicial auction)
o Auto-contracts are generally VALID; Existence of a contract is not
determined by the number of persons who intervene in it, but by
the number of parties. Not by the number of individual wills but by
number of declarations of will.
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2. Freedom to contract
Art 1306 The contracting parties may establish such stipulations, clauses,
terms and conditions as they may deem convenient, provided they are not
contrary to law, morals, good customs, public order and public policy.
a. Contrary to law
Laws a contract must not intervene:
1) Expressly declare their obligation character.
2) Prohibitive
3) Express fundamental principles of justice which cannot be
overlooked by the contracting parties.
4) Impose essential requisites without which the contract cannot exist.
ii. Pactum leonina – one party bears the lion’s share of the risk.
Art 1799 A stipulation including one or more parties from any
share in the profit or losses is void.
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b. Contrary to morals.
Man’s innate sense or notion of what is right and wrong. More or less
universal.
E. Classification of Contracts
1. According to subject matter
a. Things
b. Services
2. According to name
a. NOMINATE – have their own individuality (names) and are regulated
by special provisions of law,
b. INNOMINATE – without particular names
Art 1307 Innominate contract shall be regulated by the stipulations of
the parties, by the provisions of Titles I and II, by the rules governing
the most analogous nominate contracts and by customs of the place.
3. According to perfection
a. By MERE CONSENT (consensual) – e.g. purchase and sale
Art 1315 Contracts are perfected by mere consent, and from that
moment, the parties are bound not only to fulfillment of what has been
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5. According to form.
a. Common or informal – e.g. loan
b. Special or formal – e.g. donations and mortgages of immovable
property
6. According to purpose.
a. Transfer of ownership – e.g. sale or barter
b. Conveyance of use – e.g. commodatum
c. Rendition of service – e.g. agency
8. According to cause
a. Onerous
b. Gratuitous or lucrative
9. According to risk
a. Commutative
b. Aleatory
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F. Stages of Contracts
a. Preparation – period of negotiation and bargaining, ending at the moment
of agreement of the parties.
b. Perfection – moment when the parties come to agree on the terms of the
contract.
c. Consummation or death – fulfillment or the performance of the terms
agreed upon in the contract.
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2. Possession of the object of contract by third person only for real rights.
Art 1312 In contracts creating real rights, third person who come into
possession of the object of the contract are bound thereby, subject to he
provisions of the Mortgage law and the Land Registration laws.
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1.2.2.1 Consent
Art 1319 Consent is manifested by the MEETING of the offer and the acceptance
upon the thing and the cause which are to constitute the contract. The offer must
be certain and the acceptance absolute. A qualified acceptance constitutes a
counter-offer.
Requisites of Consent
1. Plurality of subjects
2. Capacity
3. Intelligent and free will
4. Express or tacit manifestation of will
5. Conformity of the internal will and its manifested
OFFER – unilateral proposition which one party makes to the other for the
celebration of the contract. It must be:
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b. What may be fixed by the offeror time, place and manner of acceptance.
Art 1321 The person making the offer may fix the time, place and manner
of acceptance, all of which must be complied with.
Acceptance not made in the manner provided by the offeror is ineffective.
c. When made through the agent accepted from the time acceptance
communicated to the agent.
Art 1322 An offer made through an agent is accepted from the time
acceptance is communicated to him.
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Vices of Consent
a. Mistake of Error – a wrong or false notion about such matter, a belief in the
existence of some circumstance, fact or event which in reality does not exist.
Art 1331 In order that MISTAKE may invalidate consent, it should refer to the
substance of the thing which is object of the contract, or to those conditions
which have principally moved one or both parties to enter into the contract.
Mistake as to the identity or qualifications of one of the parties will vitiate
consent only when such identity or qualifications have been the principal
cause of the contract.
Kinds of Mistake
1. Mistake of fact – generally not a ground for annulment of contracts
Ground of mistake based on error is limited to cases in which it may
reasonably be said that without such error the consent would not have
been given.
Effect of mistake is determined by whether the parties would still have
entered into the contract despite knowledge of true fact “influence
upon party”.
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When one of the parties is unable to read and fraud is alleged burden of
proof on party enforcing the contract.
Art 1332 When one of the parties is unable to read, or if the contract is in a
language not understood by him, and mistake or fraud is alleged, the
person enforcing the contract must show that the terms thereof have been
fully explained to the former.
Art 1333 There is no mistake if the party alleging it knew the doubt,
contingency or risk affecting the object of the contract.
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Courts consider not only the objective aspect of the case but also
the subjective e.g. intellectual capacity of the person who made
the mistake.
E.g. caused by manifest negligence.
Violence
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Intimidation
“Person” not limited to life and physical integrity but also includes liberty and
honor, covers all injuries which are not patrimonial in nature.
“Reasonable fear” fear occasioned by the threat must be reasonable and well-
grounded; it must be commensurate with the threat.
Art 1336 Violence or Intimidation shall ANNUL the obligation, although it may
have been employed by a third person who did not take part in the contract.
c. Undue Influence – any means employed upon a party which, under the
circumstances, he could not well resist, and which controlled his violation
and induced him to give his consent to the contract which otherwise he
would not have entered into.
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considered: the confidential, family, spiritual and other relations between the
parties, or the fact that person alleged to have been unduly influenced was
suffering from mental weakness, or was ignorant or in financial distress.
In some measure destroy the free agency of a party and interfere with
the exercise of the independent discretion which is necessary for
determining the advantages and disadvantages of a contract.
Distinguish from intimidation.
Moral coercion
ERROR FRAUD
Vitiate the consent only when it refers Mistake induced by fraud will always
to the matters mentioned in Art 1331 vitiate consent when fraud has a
decisive influence on such consent
Requisites of Fraud
1. Must have been employed by one contracting upon the other (Art
1342 and Art 1344).
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If both party, they cannot have action against each other, fraud is
compensated.
2. Induced the other party to enter into a contract (Art 1338).
3. Must have been serious (Art 1344).
4. Must have resulted in damage or injury to the party seeking
annulment.
Art 1338 There is FRAUD when, through insidious words or machinations of one
of the contracting parties, the other is induced to enter into a contract which,
without them, he would not have agreed to.
e. Misrepresentation
1. Art 1342 Misrepresentation by a third person does NOT vitiate consent,
unless such misrepresentation has created substantial mistake and the
same is mutual.
GENERAL RULE: Fraud by third person does not vitiate the contract.
EXCEPTIONS:
a. If 3rd person is in collusion with one of the parties, he is
considered an accomplice to the fraud and contract becomes
VOIDABLE.
b. If 3rd person not in connivance with any of the parties but leads
them both into error (mutual error), the consent is vitiated,
contract is VOIDABLE.
Fraud by 3rd person: does not annul unless it produces substantial mistake
on the part of both parties
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3. Active/passive
o Applicable to legal capacity especially age.
Art 1347 All things which are not outside the commerce of men, including future
things, may be the object of a contract. All rights which are not intransmissible may
also be the object of contracts.
No contract may be entered into upon future inheritance except in cases expressly
authorized by law.
All services which are not contrary to law, morals, good customs, public order or
public policy may likewise be the object of a contract.
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CONSIDERATION CAUSE
Requires a legal detriment to the promise Never rejects any cause as insufficient;
more than moral duety need be material at all and may consist in
moral satisfaction for the promissory.
Art 1350 In onerous contracts the cause is understood to be, for each constraining
party, the presentation or promise of a thing or service by the other; in
remuneratory ones, the service or benefit which is remunerated; and in contracts
of pure beneficence, the mere liberality of the benefactor.
a. Onerous Contracts
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Prestation or promise of a thing or service by the other.
Need to be adequate or an exact equivalent in point of actual value
especially in dealing with objects which have rapidly fluctuating price.
b. Remuneratory Contracts
One where a party gives something to another because of some service or
benefit given or rendered by the latter to the former where such service
or benefit was not due as a legal obligation.
E.g. bonuses
c. Contracts of pure beneficence (Gratuitous)
Essentially agreements to give donations
Art 1351 The particular motives of the parties in entering into a contract are
different from the cause thereof.
CAUSE MOTIVE
Objective, intrinsic and juridical reason for the Psychological, individual or persona purpose of a
existence of the contract itself. party to the contract.
Essential reason for the contract Particular reason for a contracting party, which
does not affect the other and which does not
impede the existence of a true distinct cause
Objective of a party in entering into the contract Person’s reason for wanting to get such objective
Always the same for both parties Differs with each person
GENERAL RULE: Motive does not affect the validity of the contract.
EXCEPTIONS:
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Form of Contracts
B. EXCEPTION: When the law requires that a contract be in some form in order
that it may be VALID or ENFORCEABLE.
Art 1356 However, when the law requires that a contract be in some form in
order that it may be valid or enforceable, or that a contract be proved in a
certain way, that requirement is absolute and indispensable. In such cases, the
right of the parties stated in the following article cannot be exercised.
C. KINDS OF FORMALITIES REQUIRED BY LAW
1. Ad esentia, ad solemnitatem Those required for the validity of contracts,
such as those referred to in.
Art 748 Donation of movable
Art 749 Donation of immovable
Art 1874 Sale of piece of land through an agent
Art 2134 Contract of antichresis; amount of principal and of the interest
Art 1771 Partnership; immovable property of real rights is contributed
Art 1773 Partnership; inventory of immovable property contributed
Art 1956 Interest for using someone else’s money
Art 2140 Chattel mortgage
2. Those required, not for the validity, but to make the contract effective as
against third persons, such as those covered by Art 1357 (if law requires a
special form, parties may compel each other that form upon perfection of
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the contract) and Art 1358 (documents which must appear in a public
document; it also constitutes constructive delivery).
1) Acts and contracts which have for their object the creation,
transmission, modification or extinguishment of real rights over
immovable property; sales of real property or of an interest
therein a governed by Articles 1403, No. 2, and 1405;
2) The cession, repudiation or renunciation of hereditary rights or
of those of the conjugal partnership of gains;
3) The power to administer property, or any other power which has
for its object an act appearing or which should appear in a public
document, or should prejudice a third person;
4) The cession of actions or rights proceeding from an act appearing
in a public document.
Natural Obligations
Definition Art 1423 Not being based on positive law but on equity and natural
law, do not grant a right of action to enforce their performance, but after
voluntary fulfillment by the obligor, they authorize the retention of what has
been delivered or rendered by reason thereof.
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NATURAL CIVIL
As to Not by court actions, but by good Court action or the coercive power of
enforceability conscience of debtor public authority.
A true obligation with a legal between debtor and Matter is entirely within the domain of morals
creditor
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GENERAL RULE: Partial payment of a natural obligation does not make it civil;
the part paid cannot be recovered but the payment of the balance cannot be
enforced, applicable only to natural obligation because of prescription or lack of
formalities (nullity due to form e.g. Art 1430) and NOT to natural obligation
subject to ratification or confirmation.
QUIZ:
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8. Kinds of acceptance arise from acts or facts which reveal the intent
to accept such as the consumption of things sent to the offeree, or
the fact of immediately carrying out the contract offered.
9. A theory the receipt of the message of acceptance.
10. A wrong or false notion about such matter, a belief in the existence
of some circumstance, fact or event which in reality does not exist.
ASSIGNMENT:
1.4 References
[1] https://www.coursehero.com/file/12912044/THE-LAW-ON-OBLIGATIONS-AND-
CONTRACTS- INTRODUCTION/
[2] https://www.lawnow.org/introduction-to-contracts/
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