Podcast
Questions and Answers
What defines a consensual contract?
What defines a consensual contract?
- It involves a formal agreement documented in writing.
- It requires physical delivery to be effective.
- It is perfected by mere consent between parties. (correct)
- It requires mutual performance of obligations.
Which term describes the stage when parties fulfill the terms of a contract?
Which term describes the stage when parties fulfill the terms of a contract?
- Negotiation
- Perfection
- Consummation (correct)
- Invalidation
Which type of contract is specifically regulated by law?
Which type of contract is specifically regulated by law?
- Real contract
- Nominate contract (correct)
- Consensual contract
- Innominate contract
What is a characteristic of an innominate contract?
What is a characteristic of an innominate contract?
What describes a voidable contract?
What describes a voidable contract?
Which of the following best describes the perfection stage?
Which of the following best describes the perfection stage?
What is required for a real contract to take effect?
What is required for a real contract to take effect?
Which of these is a characteristic of a nominee contract?
Which of these is a characteristic of a nominee contract?
Which of the following grounds does not support a rescissible contract?
Which of the following grounds does not support a rescissible contract?
What type of contract is automatically void from its inception?
What type of contract is automatically void from its inception?
Which scenario would lead to the invalidation of a contract due to its object?
Which scenario would lead to the invalidation of a contract due to its object?
What is the correct definition of a voidable contract?
What is the correct definition of a voidable contract?
Which of the following conditions does qualify a contract entered into by guardians as rescissible?
Which of the following conditions does qualify a contract entered into by guardians as rescissible?
What is the prescribed period for bringing an action for annulment of a voidable contract?
What is the prescribed period for bringing an action for annulment of a voidable contract?
In which scenario can a voidable contract not be annulled?
In which scenario can a voidable contract not be annulled?
What must be established for a contract representing absentees to be deemed rescissible?
What must be established for a contract representing absentees to be deemed rescissible?
Which of the following is NOT a ground for a voidable contract?
Which of the following is NOT a ground for a voidable contract?
Which of the following is NOT a characteristic of void contracts?
Which of the following is NOT a characteristic of void contracts?
Which type of contract may be challenged due to fraud of creditors?
Which type of contract may be challenged due to fraud of creditors?
What essential element is NOT required for a contract to be valid?
What essential element is NOT required for a contract to be valid?
What happens to contracts entered into by minors once guardianship ceases?
What happens to contracts entered into by minors once guardianship ceases?
Under which circumstance would a contract be void based on simulation?
Under which circumstance would a contract be void based on simulation?
What is an unenforceable contract?
What is an unenforceable contract?
What defines a rescissible contract?
What defines a rescissible contract?
What is required for a contract to be considered valid?
What is required for a contract to be considered valid?
Which of the following is NOT one of the four kinds of innominate contracts?
Which of the following is NOT one of the four kinds of innominate contracts?
What distinguishes a civil obligation from a natural obligation?
What distinguishes a civil obligation from a natural obligation?
What is true when a minor voluntarily returns a received item after a contract annulment?
What is true when a minor voluntarily returns a received item after a contract annulment?
Which statement about perfected real contracts is accurate?
Which statement about perfected real contracts is accurate?
What happens when an obligor voluntarily fulfills a natural obligation?
What happens when an obligor voluntarily fulfills a natural obligation?
What does Article 1425 state about third-party payments without the debtor's knowledge?
What does Article 1425 state about third-party payments without the debtor's knowledge?
According to Article 1426, how are payments made by a minor between eighteen and twenty-one viewed?
According to Article 1426, how are payments made by a minor between eighteen and twenty-one viewed?
What does Article 1428 dictate about failed civil obligations?
What does Article 1428 dictate about failed civil obligations?
Under what circumstances is a payment by a testate or intestate heir valid?
Under what circumstances is a payment by a testate or intestate heir valid?
What is the consequence of a deficient will execution according to Article 1430?
What is the consequence of a deficient will execution according to Article 1430?
What is a characteristic of natural obligations?
What is a characteristic of natural obligations?
What result follows if the right to sue upon a civil obligation has lapsed?
What result follows if the right to sue upon a civil obligation has lapsed?
Flashcards
Contract with Incapable Party
Contract with Incapable Party
A contract where one party lacks the legal capacity to consent. This could be due to age, mental incapacity, or other legal restrictions.
Contract with Vitiated Consent
Contract with Vitiated Consent
A contract where consent is obtained through deception, threats, or undue influence. The affected party can choose to void the contract.
Guardian's Contract with Significant Lesion
Guardian's Contract with Significant Lesion
A contract signed by a guardian that results in a loss of more than one-fourth of the ward's assets. The ward can rescind the contract.
Contract for Absentee
Contract for Absentee
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Contract in Fraud of Creditors
Contract in Fraud of Creditors
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Contract Regarding Litigation
Contract Regarding Litigation
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Void Contracts
Void Contracts
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Contracts Against Public Policy
Contracts Against Public Policy
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Voidable Contract
Voidable Contract
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Contract
Contract
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Cause of the Obligation
Cause of the Obligation
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Object of the Contract
Object of the Contract
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Consent of the Contracting Parties
Consent of the Contracting Parties
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Unenforceable Contract
Unenforceable Contract
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Rescissible Contract
Rescissible Contract
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Voidable Contract
Voidable Contract
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Innominate Contract
Innominate Contract
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Do Ut Facias
Do Ut Facias
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Facto Ut Des
Facto Ut Des
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Real Contract
Real Contract
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Civil Obligation
Civil Obligation
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Negotiation Stage of a Contract
Negotiation Stage of a Contract
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Perfection Stage of a Contract
Perfection Stage of a Contract
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Consummation Stage of a Contract
Consummation Stage of a Contract
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Consensual Contracts
Consensual Contracts
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Formal Contracts
Formal Contracts
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What is a Natural Obligation?
What is a Natural Obligation?
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Voluntary Performance After Prescription?
Voluntary Performance After Prescription?
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Third-Party Payment After Prescription?
Third-Party Payment After Prescription?
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Minor's Voluntary Debt Payment?
Minor's Voluntary Debt Payment?
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Paying Legacy from Invalid Will?
Paying Legacy from Invalid Will?
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Voluntary Performance After Failed Claim?
Voluntary Performance After Failed Claim?
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Inheritor's Voluntary Debt Payment?
Inheritor's Voluntary Debt Payment?
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Paying Legacy From Void Will?
Paying Legacy From Void Will?
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Study Notes
Grounds for Rescissible Contracts
- Contracts validly agreed upon can be rescinded in certain cases specified by law. (Art. 1380)
- Specific examples include contracts entered into by guardians where wards suffered significant financial losses (more than ¼ of the value of the object).
- Contracts made on behalf of absentees with similar financial losses.
- Contracts entered into fraudulently to avoid paying creditors, when other collection methods are unavailable.
- Contracts regarding litigated property, without the knowledge or consent of involved parties.
- Other contracts specifically declared rescissible by law (Art. 1381).
Grounds for Voidable Contracts
- These contracts are annullable even without damages to the contracting parties (Art. 1390).
- Contracts where one party lacked capacity to consent.
- Contracts where consent was vitiated by mistake, violence, intimidation, undue influence, or fraud.
- Such contracts are binding until legally annulled.
- They can be ratified. (Art. 1390)
Grounds for Void Contracts
- Contracts are void from the beginning (inexistent) (Art. 1409).
- Contracts with illegal cause, object, or purpose (violating law, morals, good customs, public order or public policy).
- Simulated or fictitious contracts.
- Contracts with nonexistent cause or object at the time of the transaction.
- Contracts with objects that are outside normal commerce.
- Contracts that contemplate impossible services.
- Agreements where the parties cannot ascertain their intentions.
- Contracts specifically prohibited or declared void by law.
Prescriptive Period for Voidable Contracts
- Actions for annulment of a voidable contract must be filed within four years (Art. 1391).
- In cases of intimidation, violence, undue influence, the period begins when the defect in consent ceases.
- For mistake or fraud, the period starts when the mistake or fraud is discovered.
- For contracts entered into by minors or incapacitated persons, the period begins when guardianship ends.
What is a Contract?
- A contract is a meeting of the minds between two or more parties (Article 1305).
- It involves one party obligating themselves to give or provide a service to another. (Art. 1305)
Essential Elements of a Contract
- A contract requires these essential elements:
- Consent of the contracting parties.
- A clear objective that defines the subject matter of the contract.
- A proper cause (legitimate reason) for the obligation. (Article 1318)
Stages of Contract
- Negotiation: Parties express interest and agree on terms.
- Perfection: Parties agree to essential terms.
- Consummation: Parties fulfill contractual obligations.
Contract Names
- Nominate contracts have specific legal definitions and regulations.
- Innominate contracts are not specifically identified by law but are regulated by the agreements of the parties, analogous nominate contracts, and local customs. (Art. 1307)
Real, Consensual, and Formal Contracts
- Consensual contracts are created by mere agreement.
- Real contracts require a delivery of a physical item to be valid.
- Formal contracts must follow specific formal procedures.
Sources of Obligation
- Obligations can arise from different sources including law, contracts, quasi-contracts, acts/omissions punished by law, or quasi-delicts (Art. 1157)
Civil and Natural Obligations
- Civil obligations allow for legal actions to enforce performance.
- Natural obligations, based on equity and natural law, do not provide legal recourse for enforcement but subsequent voluntary compliance is legally binding. (Art. 1423)
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