Philippine Contracts Law: Public Document Requirement

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18 Questions

Which of the following is considered an impossible service in a contract?

Flying without any form of transportation

In a contract, the object must be:

Certain and determinate

Which of the following is NOT an essential requisite for a contract as per the text?

Sole discretion of one party

Valid stipulations in a contract should not be contrary to:

Personal preferences of one party

When does an offer become ineffective in a contract?

Upon death or incapacity of either party before acceptance is conveyed

According to ART. 1308, what must the contract bind?

Both contracting parties

In contract law, which of the following is a situation where consent is not valid?

Contracts where consent is given through intimidation

Which scenario would make a contract voidable?

Entering into a contract in a state of drunkenness

What must be determined for the object of every contract?

The quality and quantity

Which contracts are considered obligatory in contract law?

Contracts with all the essential requisites for validity present

When is a contract considered voidable?

When consent is given through fraud or mistake

What type of services cannot form the object of a contract according to ART. 1348?

Impossible services

What does the law require when a contract needs to be in a certain form for validity or enforceability?

Absolute and indispensable compliance

Which of the following must appear in a public document according to Art. 1358?

Real rights over immovable property

In interpreting contracts, what controls when the terms are clear and leave no doubt on the intention of the parties?

Literal meaning of stipulations

What prevails in a contract when words appear contrary to the evident intention of the parties?

Intention of the parties

Which of the following is not one of the four kinds of defective contracts mentioned?

Valid contracts

What type of contracts are governed by articles 1403, No. 2, and 1405 according to Art. 1358?

Sales of real property

Study Notes

Contract Essentials

  • 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 service.
  • 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.

Essential Requirements of Contracts

  • There is no contract unless the following requisites concur:
    • Consent of the contracting parties
    • Object certain which is the subject matter of the contract
  • Acceptance can be expressed or implied.
  • The person making the offer may fix the time, place, and manner of importance, all of which must be complied with.
  • An offer made through an agent is accepted.
  • An offer becomes ineffective upon death, civil interdiction, insanity, or insolvency of either party before acceptance is conveyed.

Types of Defective Contracts

  • There are four kinds of defective contracts:
    • Rescissible contracts
    • Voidable contracts
    • Unenforceable contracts

Voidability of Contracts

  • Contracts entered into during a lucid interval are valid.
  • Contracts agreed to in a state of drunkenness or during a hypnotic spell are voidable.
  • Contracts where consent is given through mistake, violence, intimidation, undue influence, or fraud is voidable.

Contracts and Real Property

  • Acts and contracts that 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 are governed by specific articles.

Interpretation of Contracts

  • If the terms of a contract are clear and leave no doubt upon the intention of the contracting parties, the literal meaning of its stipulations shall control.
  • If the words appear to be contrary to the evident intention of the parties, the latter shall prevail over the former.

Test your knowledge on the legal requirement for contracts to be in a public document according to Philippine Contracts Law. Understand the stipulations under Article 1358 and the implications for different types of contracts.

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