A contract requires mutual consent and obligation between parties. It is an agreement that is binding under law and produces effects that must be complied with. A valid contract must be entered into freely and voluntarily by parties with capacity to consent. The obligations of a contract are also binding to heirs and assignees. A contract ceases to be valid if it is not complied with mutually by all parties as consent requires mutual obligation. Parties must be able to comply with the terms and conditions of the contract for it to be valid and binding.
A contract requires mutual consent and obligation between parties. It is an agreement that is binding under law and produces effects that must be complied with. A valid contract must be entered into freely and voluntarily by parties with capacity to consent. The obligations of a contract are also binding to heirs and assignees. A contract ceases to be valid if it is not complied with mutually by all parties as consent requires mutual obligation. Parties must be able to comply with the terms and conditions of the contract for it to be valid and binding.
A contract requires mutual consent and obligation between parties. It is an agreement that is binding under law and produces effects that must be complied with. A valid contract must be entered into freely and voluntarily by parties with capacity to consent. The obligations of a contract are also binding to heirs and assignees. A contract ceases to be valid if it is not complied with mutually by all parties as consent requires mutual obligation. Parties must be able to comply with the terms and conditions of the contract for it to be valid and binding.
b) Something that has to be complied mutually c) Something that extends to the heirs and assignees d) Something that is consensual e) Something that parties can freely comply Answers to the preceding questions are chronologically arranged in paragraphs A contract is bounded by the framework of law, specifically, defined under Article 1305 as congregation of both an offer and its acceptance at a certain point which renders an effect of compliance that constitutes to fulfillment of prestation taking a form of one of the following: giving something, executing a particular conduct, or refraining from acting upon what the passive subject has been prohibited from. It acts as the law between contracting parties who consented on its terms and conditions, and then produces an obligation. Without the obligatory essence in contract, they can be easily dismissed and disregarded. A party having already benefited from the supposed contract can confidently not comply his part of the obligation. Bearing the force of law, parties, therefore, are constricted to observe conduct that is stipulated by them. Article 1308 positions a contract in a circumstance that it has to be complied by all parties involved. The above mentioned article only emphasizes how a contract must bind both contracting parties to enforce the obligatory character existing in the contract itself. The key concept for this is one does not accept an offer, or one does not propose an offer that either of them could not benefit from. Thus, coming into an agreement produces a reciprocal obligation as an example, and may not always be the case. Only the characteristic of reciprocal obligation being complied mutually is applied in this context. A contract that creates an obligation does not leave to the will of one party the choice of compliance. Otherwise would connote deviation from the nature of contract perfected by mutual consent. Since the idea here is the existence of mutual consent means also the presence of mutual compliance which is absolute. No party will agree to conditions that he knows he cannot comply. As a general rule, all rights and obligations are transmissible, which at the same time, subject to some exceptions that are primarily based on nature, stipulations, and provisions of the law, and hence, cannot be transmitted. The idea behind is the effect of alienation of property may also be applied to contracts that create rights and obligations. As the successors benefit from properties that is or will be left behind by the principal party, so are the rights and obligations of the latter; or, as principal may assign properties to their successors, they can also assign obligations to them. Which is why, heirs are liable up to the value of property inherited by them. For the instance where the contract is passed down to assignees, it can be observed in two scenarios. First, when the agent is authorized as an extension of the personality of the principal contracting party. In this case, the agent acts as if the principal himself when making an offer and receiving the acceptance to his offer that was made by another principal party. Second, when the agent is authorized by the principal to acknowledge or receive the acceptance of an offer even though his personality does not extend to the said agent. As discussed by the aforementioned definition of contract, it mandates the consent of all contracting parties to be binding on them. This means that parties who entered into a contract acted on their own accord, doing so with free willingness, and full permission of the contract’s effects. In this sense, contracts that are entered into with influence of violence, intimidation, mistake, fraud, and undue influence as principal cause for giving consent are voidable. A valid consent, therefore, requires intelligence or full capacity to act that is free and voluntary, and consent should be given consciously or spontaneously. Another essence of contracts is compliance of which may be done at any time. It means that there may be fixed, or indeterminate, but, just, terms and conditions contained in the contract; provided that whichever may be the case, parties have to comply to them at all cost, and they may execute so on their own. This is anchored in article 1306. Parties may come into agreement on the date and time, manner of fulfillment, or any stipulations that are perceived to be convenient for the both of them.