Contract- a meeting of minds between two
persons whereby one binds himself, with
respect to the othr, to give something or to
render some service.
Classification
Classifications
As to perfection or formation
1. Consensual – perfected by mere consent of
the parties on the subject matter and cause
(CIVIL CODE, art. 1315) (e.g., contract of sale)
2. Real – perfected by delivery (CIVIL CODE, art.
1316) (e.g., commodatum, pledge, deposit)
3. Formal/Solemn – require a certain specified
form, in addition to consent, subject matter and
cause (CIVIL CODE, art. 1356) (e.g., donation
of real property)
As to cause
1. Onerous – The cause is, for each contracting
party, the prestation or promise of a thing or
service by the other (e.g., contract of sale)
(CIVIL CODE, art. 1350)
2. Remuneratory– The cause is some past
service or benefit which by itself is a
recoverable debt (CIVIL CODE, art. 1350)
a. Note: In a remuneratory donation, the
past service or debt is not by itself a
recoverable debt. (CIVIL CODE, art.
726)
3. Gratuitous (or contracts of pure
beneficence) – founded on the mere liberality
of the benefactor (e.g., pure donation) (CIVIL
CODE, art. 1350)
As to importance or dependence of one upon
another
1. Principal – when the contract does not
depend
for its existence and validity upon another
contract (e.g., sale, lease)
2. Accessory – depends on another contract for
its existence and validity (e.g., mortgage,
guaranty
3. Preparatory – the contract is entered into as
a means through which future contracts may be
made (e.g., agency, partnership) (ERNESTO L.
PINEDA, OBLIGATIONS AND CONTRACTS
36 (2009))
As to parties obliged
1. Unilateral – only one of the parties has an
obligation (ERNESTO L. PINEDA,
OBLIGATIONS AND CONTRACTS 366 (2009))
2. Bilateral – both parties are required to render
reciprocal prestations (CIVIL CODE, art. 1191)
As to form
1. Common or informal – require no particular
form (CIVIL CODE, art. 1356)
2. Special or formal – require some particular
form (CIVIL CODE, art. 1356)
As to their purpose
1. Transfer of ownership
2. Conveyance of use
3. Rendition of service (4 ARTURO M.
TOLENTINO, COMMENTARIES AND
JURISPRUDENCE ON THE CIVIL CODE OF
THE PHILIPPINES 410-411 (1991))
As to their subject matter
1. Things
2. Services (4 ARTURO M. TOLENTINO,
COMMENTARIES AND JURISPRUDENCE
ON THE CIVIL CODE OF THE PHILIPPINES
410-411 (1991))
As to the risk involved
1. Commutative – when the undertaking of one
party is considered the equivalent of that of the
other (e.g., sale, lease)
2. Aleatory – when it depends upon an
uncertain
event or contingency both as to benefit or loss
(e.g., insurance, sale of hope) (JURADO 361
(2010))
As to the name or designation
1. Nominate – those which have a specific name
or designation in law (e.g., lease, sale, agency,
etc.)
2. Innominate – those which have no specific
designation or name in law (CIVIL CODE, art.
1307)
a. Do ut des – I give that you may give
b. Do ut facias – I give that you may do
c. Facio ut des – I do that you may give
Note: Do ut des is, however,
no longer an innominate contract. It has already
been given a name of its own, i.e.,
barter or exchange. (CIVIL
CODE, art. 1638)
d. Facio ut facias – I do that you may do
(ERNESTO L. PINEDA,
OBLIGATIONS AND CONTRACTS
380 (2009))