Podcast
Questions and Answers
What types of things may be the object of a contract?
What types of things may be the object of a contract?
- Only current physical items.
- All things which are not outside the commerce of men, including future things. (correct)
- Future inheritances without restrictions.
- All things outside the commerce of men.
Which of the following cannot be an object of a contract?
Which of the following cannot be an object of a contract?
- A thing that is not contrary to good customs.
- A future service that is contractual.
- A service that promotes public good.
- A legal right that is intransmissible. (correct)
What is required for the object of a contract regarding its kind?
What is required for the object of a contract regarding its kind?
- It must be determinate.
- It must be fully negative.
- It must be determinate as to its kind. (correct)
- It must be impossible to define.
What makes a contract without cause produce no effects?
What makes a contract without cause produce no effects?
Which statement is true regarding the cause of contracts?
Which statement is true regarding the cause of contracts?
When can fraud, mistake, or undue influence invalidate a contract?
When can fraud, mistake, or undue influence invalidate a contract?
What does Article 1356 state about the form of contracts?
What does Article 1356 state about the form of contracts?
What is the implication of stating a false cause in a contract?
What is the implication of stating a false cause in a contract?
What is required for a contract to be perfected?
What is required for a contract to be perfected?
What happens if a person contracts in the name of another without authorization?
What happens if a person contracts in the name of another without authorization?
What constitutes a qualified acceptance in a contract?
What constitutes a qualified acceptance in a contract?
When does an offer become ineffective?
When does an offer become ineffective?
How can acceptance of an offer be communicated?
How can acceptance of an offer be communicated?
What is the primary purpose of establishing a cause of obligation in a contract?
What is the primary purpose of establishing a cause of obligation in a contract?
What must be true for acceptance to bind the offerer?
What must be true for acceptance to bind the offerer?
In which case is an offer withdrawn after a specified acceptance period?
In which case is an offer withdrawn after a specified acceptance period?
What can lead to the reformation of an instrument according to Article 1364?
What can lead to the reformation of an instrument according to Article 1364?
In which situation is reformation of an instrument NOT allowed?
In which situation is reformation of an instrument NOT allowed?
Which of the following statements aligns with Article 1370 regarding clear contract terms?
Which of the following statements aligns with Article 1370 regarding clear contract terms?
When can reformation be requested according to Article 1368?
When can reformation be requested according to Article 1368?
According to Article 1371, what factors are primarily considered to judge the intention of contracting parties?
According to Article 1371, what factors are primarily considered to judge the intention of contracting parties?
What meaning should be attributed to a stipulation that allows for several interpretations according to Article 1373?
What meaning should be attributed to a stipulation that allows for several interpretations according to Article 1373?
What is the procedure for the reformation of instruments governed by according to Article 1369?
What is the procedure for the reformation of instruments governed by according to Article 1369?
What is necessary for the interpretation of various stipulations of a contract according to Article 1374?
What is necessary for the interpretation of various stipulations of a contract according to Article 1374?
Which of the following must be documented in a public document according to the legal provisions?
Which of the following must be documented in a public document according to the legal provisions?
What is the required form for contracts involving real rights over immovable property?
What is the required form for contracts involving real rights over immovable property?
In the event that an instrument fails to express the true intentions of the parties due to a mutual mistake, what is the appropriate legal remedy?
In the event that an instrument fails to express the true intentions of the parties due to a mutual mistake, what is the appropriate legal remedy?
What is the legal status of contracts where the amount exceeds five hundred pesos?
What is the legal status of contracts where the amount exceeds five hundred pesos?
If one party to a contract was mistaken and the other acted fraudulently, what remedy can the mistaken party seek?
If one party to a contract was mistaken and the other acted fraudulently, what remedy can the mistaken party seek?
Which of the following statements regarding the reformation of instruments is true?
Which of the following statements regarding the reformation of instruments is true?
What must a party prove to seek reformation of a contract due to mistake?
What must a party prove to seek reformation of a contract due to mistake?
Which of the following does NOT require a public document for validity?
Which of the following does NOT require a public document for validity?
What happens when both parties to a contract are at fault?
What happens when both parties to a contract are at fault?
In a situation where one party is not at fault, what can they demand?
In a situation where one party is not at fault, what can they demand?
What recourse does a debtor have if they have paid interest in excess of what is allowed by usury laws?
What recourse does a debtor have if they have paid interest in excess of what is allowed by usury laws?
When can a party repudiate a contract that involves an illegal purpose?
When can a party repudiate a contract that involves an illegal purpose?
What limitation is set regarding the recovery of excess payments for commodities priced by law?
What limitation is set regarding the recovery of excess payments for commodities priced by law?
Under what condition can an incapacitated person recover property delivered under an illegal contract?
Under what condition can an incapacitated person recover property delivered under an illegal contract?
What can a laborer do if they work more hours than the maximum allowed by law?
What can a laborer do if they work more hours than the maximum allowed by law?
If someone pays for an agreement that is merely prohibited by law, what can they potentially recover?
If someone pays for an agreement that is merely prohibited by law, what can they potentially recover?
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Study Notes
Perfection of Contracts
- Contracts are binding upon mere consent among parties, requiring fulfillment of explicit stipulations and implied consequences adhering to good faith, usage, and law.
- Real contracts (e.g., deposit, pledge, commodatum) are not perfected until the delivery of the object.
Authority in Contracts
- A person cannot contract without authorization from the other party, except in cases authorized by law.
- Contracts made without authority are unenforceable unless ratified by the represented party before revocation.
Essential Requisites of Contracts
- Contracts require three essential requisites:
- Consent of the contracting parties
- A specific object that serves as the subject matter
- A lawful cause for the obligation
Consent in Contracts
- Consent requires a clear offer and absolute acceptance. Qualified acceptance results in a counter-offer.
- Acceptance can be expressed or implied, and it binds the offeror upon communication.
- Offers may specify acceptance terms, including time, place, and manner.
Object of Contracts
- Objects must be lawful and within commerce, including future things and transferable rights.
- Contracts cannot involve impossible objects or services.
- The object must be determinate as to its kind, with undetermined quantity not obstructing validity.
Cause of Contracts
- In onerous contracts, causes involve mutual prestations; in remuneratory contracts, the service provided is compensated; in pure beneficence, the motivation is mere generosity.
- Contracts lacking cause or with unlawful causes have no legal effect.
- False statements of cause can render contracts void unless proven to have a lawful cause.
Form of Contracts
- Contracts are valid in any form unless the law requires a specific format for enforceability.
- Certain contracts must be documented publicly, including real estate transactions and cession of rights exceeding defined values.
Reformation of Instruments
- Mistakes, fraud, or inequitably conducted agreements can lead to reformation, not annulment; this corrects the expressed document to reflect true intentions.
- Mutual mistakes or known inequities by one party can also serve as grounds for reforming an instrument.
Interpretation of Contracts
- Clear terms of contracts take precedence over interpretations; if ambiguous, intentions more clearly defined by subsequent actions or combined stipulations prevail.
- The principles for interpreting terms include the context of intentions and the adequacy of meanings tailored to serve the agreement effectively.
Illegal Contracts
- If an illegal act does not constitute a criminal offense, mutual fault stops recovery from either party.
- If illegal contracts relate to a protected party, they may recover payments if public policy permits.
- In cases of unlawful price fixing or labor hours, parties may recover amounts paid in excess or claim additional compensation if terms exceed legal limits.
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