7.3 Vistas en SIMATIC PDM
7.3.6 Tabla de parámetros
1318
1. CONSENT OF THE CONTRACTING PARTIES ARTS. 1319-46, 37-42, 739, 1476 (4), 1490-91, 1533 (5), 1646, 1782, 1409 (7), 5
ARTS. 87, 124, 234 FC RA 6809
ART. XII, SECS. 7 & 8 CONSTITUTION COGNITION THEORY
MANIFESTATION THEORY
2. OBJECT CERTAIN, WHICH IS THE SUBJECT MATTER OF THE CONTRACT
ARTS. 1347-49, 1311, 1178
3. CAUSE OF THE OBLIGATION – ARTS. 1350-55 4. DELIVERY
5. DUE OBSERVANCE OF PRESCRIBED FORMALITIES
CHAPTER 2 - ESSENTIAL REQUISITES OF CONTRACTS
GENERAL PROVISIONS
*Art. 1318. There is no contract
Unless the following requisites concur: (1) Consent
Of the contracting parties (2) Object
Certain
Which is the subject matter of the contract
(3) Cause
Of the obligation
Which is established.
1. CONSENT OF THE CONTRACTING PARTIES ARTS. 1319-46, 37-42, 739, 1476 (4), 1490-91, 1533 (5), 1646, 1782, 1409 (7), 5
ARTS. 87, 124, 234 FC RA 6809
ART. XII, SECS. 7 & 8 CONSTITUTION COGNITION THEORY
MANIFESTATION THEORY
SECTION 1. - Consent
Art. 1319. Consent is manifested by
The meeting of the offer and The acceptance upon
o The thing and o The cause
Which are to constitute the contract. The offer must be certain and
The acceptance absolute. A qualified acceptance
o Constitutes a counter-offer.
Acceptance made by letter or telegram
o Does not bind the offerer Except from the time
It came to the offerer’s knowledge.
The contract, in such a case,
Is presumed to have been entered into
In the place where the offer was made.
Art. 1320. An acceptance may be
Express or Implied.
Art. 1321. The person making the offer
May fix the o Time, o Place, and o Manner
Of acceptance, All of which
o Must be complied with.
Art. 1322. An offer made through an agent
Is accepted
o From the time acceptance o Is communicated to the offerer.
Art. 1323. An offer becomes ineffective upon the
Death,
Civil interdiction, Insanity , or Insolvency
o Of either party
Before acceptance is conveyed.
Art. 1324.
When the offerer Has allowed the offeree
o A certain period to accept, The offer may be withdrawn At any time before acceptance By communicating such withdrawal, o Except when the option
Is founded upon a consideration, As something paid or promised.
Art. 1325.
Business advertisements
o Of things for sale Are not definite offers,
o But mere invitations to make an offer. Unless it appears otherwise
Art. 1326. Advertisements for bidders
Are simply invitations to make proposals, and The advertiser is not bound
o To accept the highest or lowest bidder, Unless the contrary appears.
*Art. 1327. The following cannot give consent to a
contract:
(1) Unemancipated minors;
(2) Insane or Demented persons, and (3) Deaf-mutes
- Who do not know how to write.
Art. 1329. The incapacity declared in Article 1327
Is subject to the modifications o Determined by law, and
Is understood to be o Without prejudice to
o Special disqualifications established in the laws.
*Art. 1328.
Contracts entered into during a lucid interval o Are valid.
Contracts agreed to in a state of
drunkenness or during a hypnotic spell
o Are voidable.
*Art. 1330.
A contract where consent Is given through o Mistake, o Violence, o Intimidation, o Undue influence, or o Fraud Is voidable.
Art. 1331. In order that mistake may invalidate consent,
It should refer
o To the substance of the thing
Which is the object of the contract, or o To those conditions
Which have principally moved one or both parties
To enter into the contract.
Mistake as to the identity or qualifications of
one of the parties o Will vitiate consent
o Only when such identity or qualifications o Have been the principal cause of the
contract.
A simple mistake of account o Shall give rise to its correction.
Art. 1332.
When one of the parties is unable to read, or If the contract is in a language not
understood by him, and o Mistake or fraud is alleged,
The person enforcing the contract Must show that the terms thereof Have been fully explained to the
former.
Art. 1333. There is no mistake
If the party alleging it
Knew the doubt, contingency or risk
o Affecting the object of the contract.
Art. 1334. Mutual error
As to the legal effect of an agreement When the real purpose of the parties is
frustrated,
o May vitiate consent. Art. 1335.
There is violence
o When in order to wrest consent,
o Serious or irresistible force is employed.
There is intimidation
o When one of the contracting parties o Is compelled by
o A reasonable and well-grounded fear o Of an imminent and grave evil
Upon his person or property, or
Upon the person or property of
his spouse, descendants or ascendants,
To give his consent.
To determine the degree of intimidation, o The age, sex and condition of the person o Shall be borne in mind.
A threat to enforce one's claim o Through competent authority, o If the claim is just or legal,
Does not vitiate consent.
Art. 1336. Violence or intimidation
Shall annul the obligation,
Although it may have been employed
o By a third person
o Who did not take part in the contract.
Art. 1337. There is undue influence
When a person takes improper advantage of his power
o Over the will of another, Depriving the latter
o Of a reasonable freedom of choice. The following circumstances
Shall be considered:
o The confidential, family, spiritual and other relations between the parties, or o The fact that the person alleged to have
been unduly influenced
Was suffering from mental weakness, or
Was ignorant or in financial distress.
Art. 1338. There is fraud when,
Through insidious words or machinations o Of one of the contracting parties, The other is induced
To enter into a contract o Which, without them,
o He would not have agreed to.
Art. 1339. Failure to disclose facts,
When there is a duty to reveal them, o As when the parties are bound o By confidential relations, Constitutes fraud.
Art. 1340. The usual exaggerations in trade,
When the other party had an opportunity to know the facts,
o Are not in themselves fraudulent.
Art. 1341. A mere expression of an opinion
Does not signify fraud,
o Unless made by an expert and o The other party has relied on the
former's special knowledge.
Art. 1342. Misrepresentation by a third person
Does not vitiate consent,
o Unless such misrepresentation
Has created substantial mistake and The same is mutual.
Is not fraudulent
o But may constitute error.
Art. 1344. In order that fraud may make a contract
voidable,
It should be serious and
Should not have been employed by both contracting parties.
Incidental fraud
o Only obliges the person employing it o To pay damages.
Art. 1345. Simulation of a contract
May be
o Absolute or o Relative. Absolute
o Takes place when
o The parties do not intend o To be bound at all; Relative
o When the parties
o Conceal their true agreement.
Art. 1346.
An absolutely simulated or fictitious contract Is void.
A relative simulation,
o When it does not prejudice a third person and
o Is not intended for any purpose contrary to law, morals, good customs, public order or public policy
Binds the parties
To their real agreement.
Art. 1476. In the case of a sale by auction:
Where notice has not been given
That a sale by auction is subject to a right to bid
o On behalf of the seller, It shall not be lawful for the seller
o To bid himself or
o To employ or induce any person To bid at such sale
On his behalf or for the auctioneer, o To employ or induce any person
To bid at such sale On behalf of the seller or
Knowingly to take any bid from the seller or any person employed by him.
Any sale contravening this rule o May be treated as fraudulent o By the buyer.
Art. 1490. The husband and the wife cannot sell property to each other,
Except:
(1) When a separation of property
Was agreed upon in the marriage settlements; or
(2) When there has been a judicial separation of property under Article 191.
*Art. 1491. The following persons cannot acquire by
Even at a public or judicial auction,
Either in person or through the mediation of another:
7. The guardian,
The property of
The person or persons who may be under his guardianship;
8. Agents,
The property
Whose administration or sale may have been entrusted to them,
o Unless the consent of the principal has been given;
9. Executors and administrators,
The property of the estate under administration;
10. Public officers and employees,
The property
o Of the State or
o Of any subdivision thereof, or o Of any government-owned or
controlled corporation, or institution,
The administration of which has been intrusted to them;
This provision shall apply to judges and government experts
Who, in any manner whatsoever, take part in the sale;
11. Justices, judges, prosecuting attorneys,
clerks of superior and inferior courts, and other officers and employees connected with the administration of justice,
The property and rights
o In litigation or levied upon an execution before the court
o Within whose jurisdiction or territory they exercise their respective functions;
o This prohibition includes the act of acquiring by assignment and o Shall apply to lawyers,
With respect to the property and rights
Which may be the object of any litigation
In which they may take part By virtue of their profession. 12. Any others specially disqualified by law.
*Art. 1646. The persons disqualified to buy
Referred to in Articles 1490 and 1491, o Are also disqualified
o To become lessees of the things mentioned therein.
Art. 1782. Persons who are prohibited from giving
each other any donation or advantage
Cannot enter into universal partnership.
Art. 1409. The following contracts are inexistent and void from the beginning:
(7) Those expressly prohibited or declared void by law.
FC Art. 87. Every donation or grant of gratuitous
advantage,
- Direct or indirect,
- Between the spouses during the marriage - Shall be void,
o Except moderate gifts
o Which the spouses may give each other o On the occasion of any family rejoicing.
- The prohibition shall also apply
- To persons living together as husband and wife - Without a valid marriage.
FC Art. 124. The administration and enjoyment of
the conjugal partnership
- Shall belong to both spouses jointly. - In case of disagreement,
- The husband's decision shall prevail, o Subject to recourse to the court o By the wife for proper remedy, o Which must be availed of within five
years
o From the date of the contract implementing such decision.
FC Art. 234. Emancipation takes place
- By the attainment of majority. o Unless otherwise provided,
o Majority commences at the age of 21 years. (Now 18, RA 6809)
- Emancipation also takes place: (1) By the marriage of the minor; or
(2) By the recording in the Civil Register of an agreement in a public instrument executed by the parent exercising parental authority and the minor at least eighteen years of age. Such emancipation shall be irrevocable.
RA 6809
December 13, 1989