Professional Documents
Culture Documents
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).
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).
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).