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Questions and Answers
The autonomy of contracts allows the contracting parties to establish stipulations that are contrary to law or good customs.
The autonomy of contracts allows the contracting parties to establish stipulations that are contrary to law or good customs.
False
Mutuality of contracts means that the validity or compliance can be left to the will of one of the contracting parties.
Mutuality of contracts means that the validity or compliance can be left to the will of one of the contracting parties.
False
Relativity of contracts implies that contracts take effect only between the parties and their assigns.
Relativity of contracts implies that contracts take effect only between the parties and their assigns.
True
A contract is considered void if it depends on the will of both parties for fulfillment.
A contract is considered void if it depends on the will of both parties for fulfillment.
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Mutuality of contracts is based on the inequality of the parties involved.
Mutuality of contracts is based on the inequality of the parties involved.
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All contracts have obligatory force upon both contracting parties once they are perfected.
All contracts have obligatory force upon both contracting parties once they are perfected.
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A real contract is perfected by mere consent.
A real contract is perfected by mere consent.
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An innominate contract has a particular name or designation.
An innominate contract has a particular name or designation.
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Unilateral contracts involve reciprocal obligations to perform.
Unilateral contracts involve reciprocal obligations to perform.
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Contracts of mortgage and pledge are examples of accessory contracts.
Contracts of mortgage and pledge are examples of accessory contracts.
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Aleatory contracts depend on a definite agreement as to terms and conditions.
Aleatory contracts depend on a definite agreement as to terms and conditions.
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Gratuitous contracts impose valuable consideration on both parties.
Gratuitous contracts impose valuable consideration on both parties.
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A contract that contains a stipulation in favor of a third person can be demanded for fulfillment even if the third person did not communicate acceptance to the obligor before revocation.
A contract that contains a stipulation in favor of a third person can be demanded for fulfillment even if the third person did not communicate acceptance to the obligor before revocation.
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In cases involving contracts creating real rights, third persons who come into possession of the object of the contract are not bound by it.
In cases involving contracts creating real rights, third persons who come into possession of the object of the contract are not bound by it.
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If a property is mortgaged and later sold to another person, the new owner does not inherit the mortgage attached to the property.
If a property is mortgaged and later sold to another person, the new owner does not inherit the mortgage attached to the property.
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Creditors are not protected in cases of contracts intended to defraud them according to Art. 1313.
Creditors are not protected in cases of contracts intended to defraud them according to Art. 1313.
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Any third person who induces another to violate a contract is not liable for damages to the other contracting party as per Art. 1314.
Any third person who induces another to violate a contract is not liable for damages to the other contracting party as per Art. 1314.
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Consent in a contract is not required to be manifested by the concurrence of the offer and acceptance.
Consent in a contract is not required to be manifested by the concurrence of the offer and acceptance.
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Contracts entered into during a state of drunkenness are voidable according to Art. 1328.
Contracts entered into during a state of drunkenness are voidable according to Art. 1328.
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The requisites of cause are the following: Existing at the time of the celebration of the contract; Licit or lawful; and Free
The requisites of cause are the following: Existing at the time of the celebration of the contract; Licit or lawful; and Free
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Deaf-mutes who do not know how to read and write can give consent to a contract.
Deaf-mutes who do not know how to read and write can give consent to a contract.
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Contracts without a lawful cause will still produce effects as per Art. 1352.
Contracts without a lawful cause will still produce effects as per Art. 1352.
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A preparatory contract is the final stage before a definite agreement is reached.
A preparatory contract is the final stage before a definite agreement is reached.
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Real contracts such as deposit, pledge and Commodatum, are perfected until the delivery of the object of the obligation (Art. 1316)
Real contracts such as deposit, pledge and Commodatum, are perfected until the delivery of the object of the obligation (Art. 1316)
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Principal contracts are standalone contracts that do not depend on any other contract.
Principal contracts are standalone contracts that do not depend on any other contract.
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Nominate contracts have no particular name or designation.
Nominate contracts have no particular name or designation.
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Bilateral contracts involve obligations where only one party has to perform.
Bilateral contracts involve obligations where only one party has to perform.
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Aleatory contracts are those where the fulfillment of the obligation is not dependent on chance.
Aleatory contracts are those where the fulfillment of the obligation is not dependent on chance.
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Onerous contracts involve valuable consideration, while gratuitous contracts do not require any consideration.
Onerous contracts involve valuable consideration, while gratuitous contracts do not require any consideration.
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Oral contracts must always be in public documents according to Article 1315.
Oral contracts must always be in public documents according to Article 1315.
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According to risk involved, Innominate contracts are those without particular name.
According to risk involved, Innominate contracts are those without particular name.
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A contract of Donation is an example of Bilateral contract.
A contract of Donation is an example of Bilateral contract.
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Contracts creating real rights bind third persons who come into possession of the object of the contract.
Contracts creating real rights bind third persons who come into possession of the object of the contract.
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A real contract is perfected upon mere consent.
A real contract is perfected upon mere consent.
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Contracts without a lawful cause produce no effect according to Art. 1352.
Contracts without a lawful cause produce no effect according to Art. 1352.
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Contracts entered into during a state of drunkenness are always voidable as per Art. 1328.
Contracts entered into during a state of drunkenness are always voidable as per Art. 1328.
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Business advertisements of things for sale are considered definite offers according to Art. 1325.
Business advertisements of things for sale are considered definite offers according to Art. 1325.
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The Essential Requisites of a contract are Consent, Object, and Consideration.
The Essential Requisites of a contract are Consent, Object, and Consideration.
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According to cause, a commutative contract is where there is an exchange of values, such as lease
According to cause, a commutative contract is where there is an exchange of values, such as lease
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Mutuality of contracts means that validity or compliance can be left to the will of one of the contracting parties.
Mutuality of contracts means that validity or compliance can be left to the will of one of the contracting parties.
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Contracts entered into during a lucid interval are void as per Art. 1328.
Contracts entered into during a lucid interval are void as per Art. 1328.
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Franco and Lawrence entered into a contract to sell
whereby Franco binds himself to sell his only parcel of land
to Lawrence if Franco decides to leave for Europe. The contract
is valid because the fulfillment of the condition depends on
the will of Franco.
Franco and Lawrence entered into a contract to sell whereby Franco binds himself to sell his only parcel of land to Lawrence if Franco decides to leave for Europe. The contract is valid because the fulfillment of the condition depends on the will of Franco.
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Mutuality of contracts is based on the essential equality of the parties involved.
Mutuality of contracts is based on the essential equality of the parties involved.
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Aleatory contracts depend on a definite agreement as to terms and conditions.
Aleatory contracts depend on a definite agreement as to terms and conditions.
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A contract of sale is an example of Principal contract.
A contract of sale is an example of Principal contract.
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Contracts of mortgage and pledge are examples of accessory contracts.
Contracts of mortgage and pledge are examples of accessory contracts.
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Gratuitous contracts impose valuable consideration on both parties.
Gratuitous contracts impose valuable consideration on both parties.
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Insane persons who do not know how to read and write can legally give consent to a contract.
Insane persons who do not know how to read and write can legally give consent to a contract.
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Unilateral contracts involve reciprocal obligations to perform.
Unilateral contracts involve reciprocal obligations to perform.
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Conception or death is the fulfillment or performance of the terms and conditions agreed upon in the contract may be said to have been fully accomplished or executed.
Conception or death is the fulfillment or performance of the terms and conditions agreed upon in the contract may be said to have been fully accomplished or executed.
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All contracts have obligatory force upon both contracting parties once they are perfected.
All contracts have obligatory force upon both contracting parties once they are perfected.
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In Consensual contracts, contracts are perfected by mere consent
In Consensual contracts, contracts are perfected by mere consent
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Study Notes
Contract Essentials
- A contract is a meeting of the minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service (Art. 1305)
- Four essential characteristics:
- Obligatory force/character of contract: once perfected, it is obligatory upon both parties
- Autonomy of Contracts: parties may establish stipulations, terms, and conditions convenient to them, as long as not contrary to law, morals, good customs, public order, or public policy
- Mutuality of contracts: binds both parties, validity or compliance cannot be left to one party's will
- Relativity of contracts: takes effect only between parties, their assigns, and heirs (Exceptions: Art. 1311)
Kinds of Contracts
- As to Perfection:
- Consensual Contracts: perfected by mere consent (Art. 1315)
- Real Contracts: perfected upon delivery of the object of the obligation (Art. 1316)
- As to dependence to other contract:
- Principal: can stand alone (e.g. contract of sale, lease)
- Accessory: dependent upon another contract (e.g. contract of mortgage, pledge or guaranty)
- Preparatory: created for a future transaction or contract (e.g. contract of partnership or agency)
- As to name or designation:
- Nominate: has a particular name or designation (e.g. sale, agency)
- Innominate: without a particular name
- As to the nature of obligation:
- Unilateral: one party has an obligation to perform (e.g. donation)
- Bilateral: both parties have reciprocal obligation to perform (e.g. sale)
- As to risk involved:
- Commutative: exchange of values (e.g. lease)
- Aleatory: fulfillment depends upon chance (e.g. insurance)
- As to cause:
- Onerous: imposes valuable consideration (e.g. sale, mortgage)
- Gratuitous: one party doesn't receive valuable consideration (e.g. commodatum, donation, usufruct)
Essential Requisites
-
- Consent of the contracting parties
-
- Object certain which is the subject matter of the contract
-
- Cause of the obligation which is established (Art. 1318)
- Absence of any essential requisite makes the contract void
Consent
- Requisites of consent:
- Manifested by the concurrence of the offer and acceptance (Art. 1319-1326)
- Parties must possess necessary legal capacity (Art. 1327)
- Must be intelligent, free, spontaneous, and real (Art. 1330-1346)
- Cognition Theory: contract is perfected from the moment acceptance comes to the knowledge of the offeror
Object
- Requisites of a valid object:
- Within the commerce of man
- Real or possible
- Licit
- Determinate or possible of determination as to its kind
Cause
- Requisites of cause:
- Existing at the time of the celebration of the contract
- Licit or lawful
- True
- Contracts without cause, or with unlawful cause, produce no effect whatsoever
- Statement of a false cause renders the contract void, unless proved to be rounded upon another true and lawful cause
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Description
Explore the fundamental principles of contract law with this quiz. Learn about the essential characteristics of contracts, including obligatory force and autonomy of contracts. Test your knowledge on the meeting of minds between parties and their binding agreements.
