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1.

DOCTRINE OF ESTOPPEL
 An admission or representation rendered conclusive upon the person making it, and cannot be denied or
disproved as against the person relying thereon (NCC, Art. 1431).

2. FORUM NON CONVENIENS


 The refusal to assume jurisdiction because it would prove inconvenient for the forum.

3. NOVATION
 It is the substitution or change of an obligation by another, resulting in its extinguishment or modification,
either by changing the object or principal conditions, or by substituting another in the place of the debtor
or by subrogating a third person to the rights of the creditor (Art. 1291).

4. ALEATORY CONTRACT
 are those which are dependent upon the happening of an uncertain event, thus, charging the parties with
the risk of loss or gain. Ex. Insurance.

5. ANTICHRESIS
 A contract whereby the creditor acquires the right to receive the fruits of an immovable of the debtor, with
the obligation to apply them to the payment of interest, if owing, and thereafter to the principal of his
credit.

6. CONTRACT OF ADHESION
 It is a contract in which one of the parties prepares the stipulations in the form of a ready-made contract,
which the other party must accept or reject, but not modify, by affixing his signature or his “adhesion”
thereto; leaving no room for negotiation and depriving the latter of the opportunity to bargain on equal
footing (Norton Resources and Development Corporation v. All Asia Bank Corporation, G.R. No. 162523,
November 25, 2009).

7. PRINCIPLE OF INSTANTER
 States that when a will is expressly revoked by a 2nd will, the revocation of the 2nd will by the 3rd will will not
revive the 1st will. This is because revocation takes effect immediately (NCC, Art. 837).

8. DOCTRINE OF DISCOVERED PERIL


 Doctrine of Last Clear Chance / doctrine of Supervening Negligence / Humanitarian Negligence Doctrine
 Where both parties are negligent but the negligent act of one succeeds that of the other by an appreciable
interval of time, the one who has the last reasonable opportunity to avoid the impending harm and fails to
do so, is chargeable with the consequences, without reference to the prior negligence of the other party
(Picart v. Smith, G.R. No. L-12219, March 15, 1918).

9. RES IPSA LOQUITUR


 The thing speaks for itself. Rebuttable presumption or inference that defendant was negligent, which arises
upon proof that instrumentality causing injury was in defendant’s exclusive control, and that the accident
was one which ordinarily does not happen in absence of negligence (Black’s Law Dictionary, 2004).

10.NEGOTIORUM GESTIO
 Inofficious manager
 Arises when a person, without the express or implied authority of, or opposition from, the owner of a
business or property which is neglected or abandoned, takes charge of the agency and management thereof
(NCC, Art. 2144).

11. PRINCIPLE OF UNFORESEEN EVENTS


 Applies when the service has become so difficult as to be manifestly beyond the contemplation of the
parties, the obligor may also be released therefrom in whole or in part (NCC, Art. 1267).

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