Podcast
Questions and Answers
Which of the following is NOT considered an attribute of juridical capacity?
Which of the following is NOT considered an attribute of juridical capacity?
- It is inherent in every natural person and therefore not acquired.
- It is lost only through death.
- It cannot exist without capacity to act. (correct)
- It is the fitness to be the subject of legal relations.
Which of the following does NOT restrict one's capacity to act?
Which of the following does NOT restrict one's capacity to act?
- Minority
- Civil interdiction
- Being deaf-mute
- Lacking any of the above (correct)
Which statement accurately describes the perfection of contracts?
Which statement accurately describes the perfection of contracts?
- All contracts must have a valid consideration. (correct)
- All contracts are perfected by delivery of the object.
- All contracts must be in writing.
- All contracts are perfected by mere consent.
Which principle states that parties are bound not only by the expressed terms of the contract, but also by the natural consequences that arise from it?
Which principle states that parties are bound not only by the expressed terms of the contract, but also by the natural consequences that arise from it?
Which contractual principle dictates that contracts must bind both parties, and their validity or effectivity cannot depend solely on the will of one party?
Which contractual principle dictates that contracts must bind both parties, and their validity or effectivity cannot depend solely on the will of one party?
Which principle extends the binding effect of contracts to the heirs and successors-in-interest of the parties, provided the rights involved are transmissible?
Which principle extends the binding effect of contracts to the heirs and successors-in-interest of the parties, provided the rights involved are transmissible?
The freedom of parties to stipulate terms in a contract is limited by:
The freedom of parties to stipulate terms in a contract is limited by:
Innominate contracts are regulated by all of the following, EXCEPT:
Innominate contracts are regulated by all of the following, EXCEPT:
Which event does NOT render an offer ineffective?
Which event does NOT render an offer ineffective?
Which statement accurately describes advertisements for bidders?
Which statement accurately describes advertisements for bidders?
Flashcards
Juridical Capacity
Juridical Capacity
Juridical capacity is the fitness to be the subject of legal relations; it is inherent in every natural person and lost only through death.
Mutuality of Contracts
Mutuality of Contracts
Contracts must bind both parties; validity/compliance can't rest on one party's will.
Autonomy of Contracts
Autonomy of Contracts
Freedom to stipulate, provided not against the law, morals, good customs, public order, or public policy.
Relativity of Contracts
Relativity of Contracts
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Imprescriptibility of Void Contracts
Imprescriptibility of Void Contracts
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Divisible Contract Enforcement
Divisible Contract Enforcement
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Contract
Contract
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Contracts - No Leaving Validity to One Party
Contracts - No Leaving Validity to One Party
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When are contracts from the start inexistent and void?
When are contracts from the start inexistent and void?
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Unenforceable contract
Unenforceable contract
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Study Notes
- Juridical capacity does not require the capacity to act
- Not being able to hear or speak is not a restriction of capacity to act
- All contracts require a valid consideration
Obligatory Force of Contracts
- Parties are bound not only by what is expressly provided in the contract, but also by its natural consequences
Mutuality of Contracts
- Contracts must bind both parties; validity and effectivity cannot depend on just one party's will
Relativity of Contracts
- A contract binds the parties, their heirs, successors, and assignees if the contract involves transmissible rights, either by nature, stipulation, or law
Autonomy of Contracts
- Parties can freely stipulate terms, as long as they are not contrary to law, morals, good customs, public order, or public policy
Regulation of Innominate Contracts
- Innominate contracts are regulated by stipulation of parties, quasi-contract/delict principles, rules for analogous nominate contracts, but not by customs of the place
Offer Invalidation
- An offer becomes ineffective upon death, civil interdiction, or insanity/insolvency of either party before acceptance
Offers in Interrelated Contracts
- Advertisements for bidders are invitations to make proposals, advertisers aren't bound to accept highest/lowest bid unless stated otherwise
Solemn Contracts
- Construction contracts of buildings are not required to be written
Rescissible Contracts
- Contracts entered into by minors are not always rescissible
Contract Rescission
- Contract rescission requires a pre-existing credit, intent to defraud, inability to collect credit otherwise, but not necessarily that the object is in the possession of a third party in good faith
Characteristics of Voidable Contracts
- Voidable contracts can be assailed/attacked only in an action for that purpose
Void Contracts
- Pacto de retro is not a void contract
Contracts of Loan
- In a contract of loan or mutuum, the borrower must pay interest to the lender if there is a written agreement
Liability for Minor's Actions
- Schools, administrators, and teachers have principal and solidary liability for damages caused by unemancipated minors under their supervision
Creditor's Rights to Fruits
- The creditor is entitled to the fruits of the thing from the time the obligation to deliver it arises
Contracts Lacking Juridical Capacity
- If one party lacks juridical capacity, the contract is voidable
Both Parties are Minors
- When both parties are minors, the contract is unenforceable
Vitiated Consent
- When one party's consent is vitiated, the contract is voidable
Obligations Based on Equity
- An obligation based on equity and natural law is a natural obligation
Contracts Without Authority
- A contract entered into without authority is unenforceable
Sale Without Authority
- A sale of a car by someone without authority from the owner is unenforceable
Void Contracts Examples
- A sale of land by an agent where their authority is oral, is void
Absolute Simulation
- Absolute simulation of a contract always results in a void contract
Oral Agreements
- An oral agreement for the sale of land is not enforceable if Aligada refuses to deliver
Third Party Favor Stipulation Acceptance
- Contracts remain between parties, assignees, and heirs, except when rights and obligations aren't transmissible by nature, stipulation, or law. If a contract benefits a third party, they can demand fulfillment if they communicate acceptance before revocation
Third Person's Real Rights
- Third persons who come into possession of real rights are not bound thereby
Inducing Contract Violation
- A third person who induces another to violate a contract is liable for damages to the other contracting party
Definition of a Contract
- 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
Contracting Parties Stipulations
- 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, or public policy
Contract Binding
- The contract must bind both contracting parties; its validity or compliance cannot be left to the will of one of them
Void Contracts
- Void from the beginning are those with a cause, object, or purpose contrary to law, morals, good customs, public order, or public policy
Action or Defense Declaration
- The action or defense for the declaration of the inexistence of a contract does not prescribe
Divisible Contract
- In a divisible contract, if illegal terms can be separated from legal ones, the latter may be enforced
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Description
Explore fundamental contract law principles. Understand juridical capacity, obligatory force, mutuality, relativity, and autonomy, crucial for legal agreements. Learn how these concepts shape contract validity and enforcement.