con’ CONTRACTS Contract, defined A contact ia m cet ‘one binds himself, with resp i render some service. 508) minds between two persons whet 10 the other, to give something 1 Essential 's - Those without which there element se without which there will be @ Consent of the contracting parties b. Object certain iv © Cause of the 1318) {is the subject matter of the co which must be established: ( Natural elements ~ Those found contracts unless in certain aside or Suppressed by the parties (such as waranty a6 Sviction and warranty against hidden defects in a con ie Hranly against ‘in a contract ‘Accidental elements — of the parties (such payment). 5 Those that refer to : parcular stpulat terms of payment, ores rate slang Classification of contracts 1. According to perfection or formation @ Consensual — Tho: ec conse! se th (Such 2 sale and ease), Po"esed by mere b. Real. Those object of the c ‘commodatum). (Ai Formal or solemn — Thi Perfected by the delivery of the 6), Provided by ern crse which must be in the form Of an immovable which, e rath Pe ca to. the donee, must bein a pubte ern reece OY Public instrument to be vali li) According to cause ar a uch as depositum, pledge, and 163 ‘Onerous — Those where there is an exchange of valuable considerations (such as sale and barter). For ‘each contracting party, the cause is the prestation or the promise of a thing or service by the other. (Art. 1360) Gratuitous or ‘lucrative — Those where one party receives no equivalent consideration (such as donation ‘and commodatum). These contracts are referred to as ‘contracts of pure beneficence, the cause of which is the liberality of the benefactor. (Art. 1350) Remuneratory ~ Those where the cause.is the service or benefit remunerated. (Art. 1350) ‘According to importance or dependence of one upon'Snother b Principal ~ One that can stand by itself (such as sale, loan) ‘Accessory — One whose existence depends upon ‘another contract (such as pledge or morigage which Is dependent upon a principal contract such as loan), Preparatory - One which serves as a means by which ther contracts may be entered into (such as agency and partnership) ‘According to name or designation a. b Nominate — Those which have a name under the law {uch as sale, loan and barter Innominate - Those without any name under the law ‘Authorties in Civil Law, list the following as innominate contracts: 4) Dout des (I give that you may give) * 2) Dou facias (I give that you may do) fo that you may give) 4) Facio ut facias (| do that you may do) ‘This may actually be barter, hence, a nominate contract. (See Art. 1636.) Rules that govern innominate contracts 4) Thesstipulations of the parties;