Comunicacion social y reforma del estado mexicano

Arctile 1359. When, there having been a meeting of the minds of the parties to a contract, their intention is not expressed in the instrument purporting to embody the agreemtn, by reason of mistake, fraud, inequitable conduct or accident, one of the parties may ask for the reformation of the instrument to the end that such true intention may be expressed

If mistake, fraud, inequitable conduct, or accident has prevented a meeting of the minds of th parties, the proper remedy is not reformation of the instrument but annulment of the contract.

Reformation- remedy by means of which a written instrument is amended or rectified as to express or conform to the real agreement or intention of the parties when by reason of mistake, fraud, inequitable conduct, or accident, the instrument fails to express such agreement or intention

NOTE: PROPERTY OF BMS. UNOFFICIAL OBLICON REVIEWER.

THIS SPECIAL PRIVILEGE IS STRICTLY FOR BMS MEMBERS ONLY!!!

*it would be unjust and inequitable to allow the enforcement of a written instrument which does not reflect or disclose the real meeting of minds of the parties

Requisites for Reformation

1. There is a meeting of the minds of the parties to the contract;

2. The written instrument does not express the true agreement or intention of the parties;

3. The failure to express the true intention is due to mistake, fraud, inequitable conduct, or accident;

4. The facts upon which relief by way of reformation of the instrument is sought are put in issue by the pleadings; and 5. There is a clear and convincing evidence of the mistake, fraud, inequitable conduct, or accident.

Reformation VS. Annulment

 There has been a meeting of the minds of the parties

 A contract exists but written document does not express the true intention of the parties  There is no meeting of minds

 The consent of one is vitiated by mistake, etc.

Article 1360. The principles of the general law on the reformation of instruments are hereby adopted insofar as they are not in conflict with the provisions of this Code.

*The provisions of the New Civil Code prevails over the principles of the general law on reformation. The latter will only have suppletory effect.

Article 1361. When a mutual mistake of the parties causes the failure of the instrument to disclose their real agreement, said instrument may be reformed.

Requisites to justify reformation by Mutual Mistake 1. The mistake must be of fact;

2. Such mistake must be proved by clear and convincing evidence;

3. The mistake must be mutual, that is, common to both parties to the instrument; and 4. The mistake must cause the failure of the instrument to express their true intention

*if the mutual mistake is of law, the remedy is annulment

Article 1362. If one party was mistaken and the other acted fraudulently or inequitably in such a way that the instrument does not show their true intention, the former may ask for the reformation of the instrument.

* the right to ask reformation is granted only to the party who was mistaken in good faith

Article 1363. When one party was mistaken and the other knew or believed that the instrument did not state their real agreement, but concealed that fact from the former, the instrument may be reformed

* the remedy of reformation may be availed of the party who acted in good faith. The concealment of mistake by the other party constitutes fraud

Article 1364. When through ignorance, lack of skill, negligence or bad faith on the part of the person drafting the instrument or of the clerk or typist, the instrument does not express the true intention of the parties, the courts may order that the instrument be reformed.

*Neither party is responsible for the mistake; thus, either may ask for reformation

Article 1365. If two parties agree upon the mortgage or pledge of real or personal property, but the instrument states that the property is sold absolutely or with a right of repurchase, reformation of the instrument is proper.

*such true intention must prevail for the contract must be complied with good faith

Article 1366. There shall be no reformation in the following cases:

1) Simple donations inter vivos wherein no condition is imposed; 2) Wills;

3) When the real agreement is void.

Article 1367. When one of the parties has brought an action to enforce the instrument, he cannot subsequently ask for the reformation.

Cases when reformation is not allowed

1. Simple donations inter vivos where no condition is imposed- when donor intends that the donation shall take effect during his lifetime, it is a donation intervivos.

a. A donation is essentially gratuitous and the done has no just cause for complaint. The donor is not bound (but may ask for reformation) to correct a mistake or defects in the deed of donation which in the first place, he was not bound to make

b. If the donation is conditional or onerous, the deed may be reformed so the true conditions imposed by the donor or the real intention of the parties might be expressed.

2. Wills- a will is a personal and free act, thus the right to reformation is lost upon the testator’s death. 3. When the real agreement is void- there is nothing to reform

4. When one party has brought an action to enforce the instrument- the bringing of an action is inconsistent with ratification

Article 1368. Reformation may be ordered at the instance of either party or his successors in interest, if the mistake was mutual; otherwise, upon petition of the injured party, or his heirs and assigns.

Party entitled to reformation

1. Either of the parties if the mistake is mutual 2. In all other case, the injured party

3. The heirs and successors in interest, in lieu of the entitled party

*the effect of reformation I retroactive from the time of the execution of the original contract.

Article 1369. The procedure for the reformation of the instruments shall be governed by rules of court to be promulgate by the Supreme Court.

*The Rules of court governs procedure. The Supreme Court has not as yet promulgated the procedure for the reformation of instruments