Capitulo III: Metodología
3.5. Procedimientos de Recolección de Datos
3.5.7. Peso Volumétrico de Muestras
1.Consent
2.Subject Matter
3.Cause or Consideration
b. Natural Elements- presumed to exist, unless the contrary is stipulated Ex. Warrants against eviction and against hidden defects
c. Accidental Elements – existence of such is dependent on the agreement of the parties.
Classification of Contracts
a. According to perfection or formation 1. Consensual
2. Real-perfected by delivery 3. Formal or Solemn
b. According to cause of equivalence of the value of prestations:
1. Onerous
2. Gratuitous or Lucrative 3. Remunerative
c. According to Importance or dependence of one upon another 1. Principal – can stand alone
2. Accessory – depends upon the existence of another contract
3. Preparatory – here, the parties do not consider the contract as an end by itself, but as a means thru which future transaction or contracts may be made
Ex. Agency, partnership d. According to the parties obligated
1. Unilateral 2. Bilateral
e. According to their Name or Designation 1. Nominate
2. Innominate
f. According to the risk of fulfillment 1. Commutative
2. Alienatory
g. According to the time of performance or fulfillment
1. Executed- one completed at the time the contract is entered into
2. Executory – one where the prestations are to be complied with at some future time
h. According to subject matter 1. Contracts involving things
2. Contracts involving rights or credit 3. Contracts involving services
i. According to obligations imposed and required by law 1. Ordinary
2. Institutional-like contract of marriage j. According to the evidence required for its proof
1. Those requiring merely oral or parol evidence 2. Those requiring written proof
k. According to the number of persons actually and physically entering into the contracts
1. Ordinary – two parties are represented by different persons
2. Auto Contracts –where only one person represents two opposite parties, but in different capacities
l. According to the number of persons who participated in the drafting of the contract
1. Ordinary
2. Contract of Adherence
m. According to the nature of the contract 1. Personal
2. Impersonal STAGES OF A CONTRACT
a. Preparation b. Perfection
c. Consummation (or death or termination) Basic Principles or Characteristics of a Contract
a. Freedom to stipulate
b. Obligatory force and compliance in good faith
c. Perfection by mere consent d. Both parties are mutually bound e. Relativity
Art 1306 – Freedom or autonomy of contract
Art 1307
Four Kinds of Innominate Contracts
a. Du ut des (I give that you may give) b. Do ut facias (I give that you may do) c. Facio ut des (I do that you may give) d. Facio ut facias (I do that you may do)
Art 1308-1310
MUTUALITY OF CONTRACTS
• The validity or fulfillment of a contract cannot be left to the will of one of the contracting parties.
• The validity or fulfillment may be left to the will of a third person.
• The validity or fulfillment may be left to chance.
Art 1311
This principle stresses the Principle of Relativity.
Contracts are generally effective only between the parties, their assigns and their heirs.
Exceptions:
a. Where the obligation arising from the contract are not transmissible by their nature, by stipulation, or by provision of law.
b. Where there is stipulation pour atrui (a stipulation in favor of a third party) c. Where a third person induces another to violate his contract
d. Where, in some cases, third persons may be adversely affected by a contract where they did not participate.
e. Where the law authorizes the creditor to sue on a contract entered into by his debtor.
Art 1312
A real right binds the property over which it is exercised.
Exception to the general rule that a contract binds only the parties.
Art 1313
Right of defrauded creditor.
Art 1314
Requisites before a third person in this article can be held for damages a. Existence of a valid contract
b. Knowledge on the part of the third person of the existence of the contract c. Interference by the third person without legal justification or excuse
Art 1315-1316
Perfection of contracts
Art 1317
Requisites for a Person to Contract in the Name of Another a. He must be duly authorized (expressly or impliedly) b. Or he must have by law a right to represent him c. Or the contract must be subsequently ratified
Art 1318
Requisites of Contracts a. Consent (Art 1319-46) b. Object (Art 1347-1349) c. Cause (Art 1350-55)
Art 1319
Definition of Consent
-Art 1319,first paragraph Requisite of Consent
a. There must be two or more parties
b. The parties must be capable or incapacitated c. There must be no vitiation of consent
d. There must be no conflict between what was expressly declared and what was really intended
e. The intent must be declared properly Requisites for the meeting of minds
a. An offer that must be certain
b. And an acceptance must be unqualified and absolute
• Concurrence of offer and acceptance (Art 1319-26)
• Legal capacity of contracting parties (Art 1327-29)
• Characteristics of Consent (Art 1330-46)
Art 1320
Forms of Acceptance
Art 1322
Acceptance of an Offer made thru an agent
Art 1323
Other instances when the offer becomes ineffective
a. When the offeree expressly or impliedly rejects the offer b. When the offer is accepted with qualification or condition
c. When before acceptance is communicated, the subject matter becomes illegal or impossible
d. When the period of time given to the offeree within which he must signify his acceptance has already lapsed
e. When the offer is rejected in due tome
Art 1324
Option Contract
Option- it is a contract granting a person the privilege to buy or not to buy certain objects at anytime within the agreed period at a fixed price
Perfection of Option
When there is a meeting of minds on the option Art 1325-1326
If the advertisement contains all the specific particular needed in a contract, it is a definite offer.
If important details are left out, the advertisement is not a definite offer, but a mere invitation to make an offer.
Art 1327 in relation to Art 1329 Who cannot give consent.
Art 1328
Voidable contracts by reason of incapacity Art 1330
This article enumerates causes or vices of consent.
Art 1331 in relation to Art 1333 Mistake
It is a false belief about something.
Requisites for mistake to vitiate consent a. Object of the contract
b. The condition which principally proved or induced one of the parties
c. Identify or qualifications, but only if such was the principal cause of the contract.
d. The error must be excusable e. The error must be a mistake of fact Kinds of Mistake
a. Mistake as to the object
1. Mistake as the identity of the thing 2. Mistake as to the substance of the thing 3. Mistake as to the conditions of the thing 4. Mistake as to the quantity of the thing b. Mistake as to person
1. Mistake must be either with regards to the identify or with regard to the qualification of one of the contracting parties
2. Such identity or qualification must have been the principal consideration for the celebration of the contract
Art 1332
Burden of proof in case of mistake Art 1333
Effect of knowledge of risk Art 1334
Mistake of Law
Is that which arises from an ignorance of some provision of law, or from an erroneous interpretation of its meaning, or from an erroneous conclusion as to the legal effect of the agreement, on the part of one of the parties.
Requisites:
a. There must be mutual error
b. The error must refer to the legal effect of the agreement c. The real purpose of the parties is frustrated
Art 1335-1336
Violation refer to physical coercion Intimidation refers to moral coercion Requisites for violence to vitiate consent
a. Employment of serious or irresistible force
b. It must have been the reason why the contract was entered into Requisites for intimidation to vitiate consent
a. Reasonable and well-grounded fear b. Of an imminent and grave evil
c. Upon his person, property, or upon the person of property of his spouse, descendents or ascendants
d. It must have been the reason why the contract was entered into e. The threat must be an unjust act, an actionable wrong
Art 1337
Requisites for undue influence to vitiate consent a. Improper advantage
b. Power over the will of another
c. Deprivation of the latter’s will of a reasonable freedom of choice Art 1338-1341
Kinds of Fraud
a. Fraud in the celebration of the contract
1. Dolo Causante or causal fraud (Art 1338) 2. Dolo Incidente of incidental fraud
b. Fraud in the performance of the obligations stipulated in the contract Requisites of Dolo Causante
a. The fraud must be material and serious
b. The fraud must have been employed by one of the contracting parties, because if both committed fraud, the contract would remain valid
c. There must be a deliberate intent to deceive to induce
d. The other party must have relied on the untrue statement, and must himself not be guilty of negligence in ascertaining the truth
Art 1342-1344
Speaks about misrepresentation Art 1345-1346
Simulation
Simulation of a Contract defined
It is the process of intentionally deceiving others by producing the appearance of a contract that really does not exist (absolute simulation)
Or which is different from the true agreement relative simulation.
Kinds
a. Absolute; Effect; the contract is void
b. Relative; Effect; the parties are bound to the real or true agreement except-a. If the contract should prejudice third persons
b. Or if the purpose is contrary to law, morals, public order, policy or good customs
Requisites
a. An outward declaration of will difference from the will of the parties b. The false appearance must have been intended by mutual agreement c. The purpose is to deceive third persons
Art 1347-1349
Objects (Subject Matter) of a contract
- A thing or a service Requisites
a. The thing or service must be within the commerce of man b. Must be transmissible
c. Must not be contrary to law, morals, good customs, public order, or public policy d. Must not be impossible
e. Must be determinate as to its kind or determinate without the need of a new contract or agreement
CAUSE OF CONTRACTS Art 1350
“Cause” defined
-It is the essential and impelling reason why a party assumes an obligation Art 1351
Motive – is the purely personal or private reason which a party has in entering into a contract
Motive vs. Cause Motive
a. May vary although he enters into the same kind of contract b. May be unknown to the other
c. The presence of motive Cause
a. Always the same b. Always known
c. Cannot cure the absence of cause Art 1352-1355
Requisites for cause a. It must be present b. It must be true c. It must be lawful
CHAPTER 3
FORM OF CONTRACTS