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Module 3 Part1

The document discusses contracts under Philippine law. It defines a contract as a meeting of minds between two parties where one binds themselves to give or render a service to the other. Contracts require at least two parties. An obligation is the legal tie that exists after a contract is formed. Parties have freedom to contract but contracts cannot violate law, morals, customs or public policy. Innominate contracts have no specific legal name and are regulated based on analogous named contracts and customs.

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Bea Mae AQUINO
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46 views10 pages

Module 3 Part1

The document discusses contracts under Philippine law. It defines a contract as a meeting of minds between two parties where one binds themselves to give or render a service to the other. Contracts require at least two parties. An obligation is the legal tie that exists after a contract is formed. Parties have freedom to contract but contracts cannot violate law, morals, customs or public policy. Innominate contracts have no specific legal name and are regulated based on analogous named contracts and customs.

Uploaded by

Bea Mae AQUINO
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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CONTRACTS

ART. 1305. 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 some service.
Meaning of contracts

The above article gives the definition of contract.


It lays emphasis on the meeting of minds between
two contracting parties which takes place when an
offer by one party is accepted by the other. In a
contract, one or more persons bind himself or
themselves with respect to another or others, or
reciprocally, to the fulfillment of a prestation to give,
to do, or not to do.
In a contract, there must be at least two persons
or parties, because it is impossible for one to
contract with himself.
Contract and obligation
distinguished.
Contract is one of the sources of
obligations. On the other hand,
obligation is the legal tie or relation itself
that exists after a contract has been
entered into.
Hence, there can be no contract if
there is no obligation. But an obligation
may exists without a contract.
ART. 1306. The contracting
parties may established 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.
Freedom to contract
guaranteed
The right to enter into contract is one of the liberties
guaranteed to the individual by the Constitution. However, the
constitutional prohibition against the impairment of contractual
obligations refers only to legally valid contracts. In appropriate
cases, it cannot be invoked as against the right of the state to
exercise its police power. In other words, an individual does not
have an absolute right to enter into any kind of contract.
However, because the freedom of contract is both a
constitutional and statutory right, to uphold the right courts are
enjoined to move with the necessary caution and prudence in
holding contracts void.
ART. 1307. Innominate contracts
shall be regulated by the stipulation
of the parties, by the provisions of
the Titles I and II of this Book, by the
rules governing the most analogous
nominate contracts and by the
customs of the place.
Classification of contracts
according to its name or
designation
1. Nominate contract or that which has
a specific name or designation in law
(e.g., commodatum, lease, agency,
sale, etc.).

2. Innominate contract or that which


has no specific name or designation
in law.
Kinds of Innominate
contract
1. Do ut des (I give that you may give)
2. Do ut facias (I give that you may do)
3. Facto ut des ( I do that you may give)
4. Facto ut facias (I do that you may do)

Do ut des is, however, no longer an


innominate contract. It has already been
given a name of its own, i.e., barter or
exchange.
Reasons for innominate
contracts
The impossibility of anticipating all forms of
agreement on one hand, and the progress of
man’s sociological and economic relationships on
the other, justify this provision. A contract will not,
therefore, be considered invalid for failure to
conform strictly to the standard contracts outlined
in the Civil Code. It is sufficient that it has all the
elements of a valid contract.

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