Reviewer In Obligations and Contracts – Contracts – Chapter 3 (Form of Contracts) – Jerome D.

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Reviewer in Obligations and Contracts (4) The Cession of Actions or Rights Proceeding from an
Act Appearing in a Public Document
Chapter 3 – Form of Contracts
3.) Required for Proving the Existence of the Contract, such as
A. GENERAL RULE: those under the Statute of Frauds
Contracts shall be obligatory, in whatever form they may have (1) An Agreement that is not to be Performed within a
been entered into, provided all the essential requisites for their year from the making thereof,
validity are present. (2) A Special Promise to Answer for the Debt, Default, or
Miscarriage of Another
B. EXCEPTION: (3) An Agreement made in Consideration of Marriage,
 When the law requires that a contract be in some form in other than a Mutual Promise to Marry
order that it may be valid or enforceable. (4) An Agreement for the Sale of Goods, Chattels, or
Ex. Hernaez v. De los Angeles – Hernaez filed action for Things in Action, at a Price not Less than P500
recovery of balance for her services in 2 movies. Lower Court (5) An Agreement for Leasing for a Longer Period than 1
dismissed her claim, saying that her claim was not proven in any Year, or for the Sale of Real Property or of an Interest
written document. The Court held for Hernaez, since her case Therein
does not fall under contracts which should have a form (solemn) (6) A Representation to the Credit of a 3rd Person
C. Kinds of Formalities Required by Law
1.) Required for Validity
(1) Donation of Real Property
(2) Donation of Personal Property more than P5k
(3) Sales of Land Through an Agent
(4) Contract of Antichresis
(5) Stipulation to Pay Interest
(6) Contract of Partnership
(7) Transfer of Sale of Large Cattle
(8) Negotiable Instruments
(9) Carriers, if They Assume Less Than Extraordinary
Diligence
(10) Chattel Mortgage of Movable Property
2.) Required Not for Validity, but to Make the Contract Effective
As Against 3rd Persons
(1) Acts & Contracts Which Have For Their Object the
Creation, Transmission, Modification, or
Extinguishment of Real Rights Over Immovable
Property
(2) Cession, Repudiation, or Renunciation of Hereditary
Rights of Those of the Conjugal Partnership of Gains
(3) The Power to Administer Property, or any other
Power which has for its Object an Act Appearing or
which should Appear in a Public Document, or should
Prejudice a 3rd Person