CONTRACTS CLASSIFICATION

CHAPTER 1 GENERAL PROVISIONS

Page 386 Art 1305
Is it necessary that contract must be in writing?
Generally, no

Example
Dec 1 – preparation
Dec 2 – perfection (nag agree si pogi)
Dec 3- consummation Bilateral- obligation for only 1 party but giving
consent should be both or bilateral
Pogi and ganda both agreed to let beauty
determined the price of the land. But the will only
be bind if it has been made known to both
contracting parties.
 Ex: sa contract nila ay hindi dapat transmissible
then hindi pwedeng ipasa sa mga heirs

Ex: in partnership, kapag namatay ang isang partner

mabubuwag ang partnership so hindi pwedeng
ibigay sa heir

Hindi namamana ang utang. So if 1m or more ang

utang ni pogi pero may naiwan siyang property na
may value na 1m or more, then babayaran ‘yong
heir ni ganda ng 1m but if less than 1m then
ibibigay lang ‘yong property since hindi naman
liable si heir sa utang ni pogi. Example: can ganda cancel the contract between
pogi and beat? No but ganda can claim damages

Example: pogi should paint but pogi died so hindi

pwedeng ang heirs ni pogi ang magpaint
Ex: can beauty opposed? no

Ex: pogi mortgage his land to ganda. So may

mortgage contract na nakaregister. Since pogi still
the owner, he sold the same land to beauty.
So kahit third party si ganda between pogi and
beauty, dahil sa contract of mortgage, beauty should
respect the rights of ganda.

Ex: pogi ay may utang kay ganda ng 10k plus 12%

interest payable on December. Then ‘yong 12% ay
ibibigay kay beauty which is the third person. So
beauty should communicate her acceptance to pogi
and ganda, otherwise hindi siya makakatanggap ng
12%. Pag na accept na si beauty by pogi and ganda,
beauty became a part to the contract too.
Ex: pogi owes 1m to ganda. Before the due date,
Pogi donate his only property to beauty. So ganda
became the defrauded creditor, ganda has the right
to interfere between pogi and beauty.
Ganda has the right to recession the donated propert
in order that she may be paid

Ex: Pogi borrowed money to ganda cost 10k

So before june 15, even if binigay na ni ganda kay
pogi ‘yong 10 k, the contract of pledge is still not
perfected. Why? Because on the contract of pledge
the perfection is upon the delivery of the object
pledge. Wala pang contract of pledge pero may
contract of loan.

Ex: so 123 studio can sue beauty for damages

Ex: the sale is enforceable or invalid
#3 example
CHAPTER 2 ESSENTIAL REQUJISITES OF
CONTRACTS
A vitiated consent only gives rise to a voidable
agreement. Under the Civil Code, the vices of
consent are mistake, violence, intimidation, undue
influence or fraud. If consent is given through any
of the aforementioned vices of consent, the contract
is voidable.
Example of art 1319:
Ganda offer to buy the car for 800k but nagcounter
offer si pogi ng 1m which is called qualified
acceptance. So wala pang meeting of mind or
consent for both parties since nagkaroon ng counter
offer.
Can ganda NOT buy the car? YES
Example on art 1319 paragraph 2: Pogi offer to sell
car through letter. Before accepting the letter, pogi
died. Is the contracted perfected? NO since it didn’t
come to pogi’s knowledge
Another example through letter. Was there an
acceptance? NO since it didn’t come to pogi’s
knowledge

Civil interdiction- In civil law, it refers to the act of

depriving a person. of the right to handle his or her
own affairs because of mental. incapacity.

Art 1321
Offerer- person making the offer
Offeree
Agent

YES
To him means to the ‘agent’
Example of an offer made through an agent:
inutusan ni pogi si agent na ibenta ang car for 1m.
NO
Option contract- ‘Yong days to decide which is 10 Lucid Interval? Refers to a brief period during
days which an insane person regains sanity that is
Option money- ‘yong money which is 1k sufficient to regain the legal capacity to contract,
make a will and to act on his/her own behalf.

Example:

Characteristics of consent:
 Consent must be intelligently given
 Consent must be free and voluntary
 Consent must be conscious or spontaneous
Voidable contract is binding and valid unless
annulled

Vitiates or impair or invalidate

Kung alam niyang nagkaroon ng mistake then it is
not substanjtial error.

It was made by mistake so magkakaroon lang ng

correction
If mistakes can be avoided, it will not invalidate
mistake
Violence- physical coercion
Intimidation- moral or mental coercion

Example: x and y are partners. Then c wants to buy

the property by a higher price so x asked y to buy
the property and y agreed without knowing that
someone wants to buy the property at a higher price.
Then c bought the property to x. so x is guilty and it
is voidable
 Another ex: then beauty said to pogi and ganda that
industrial ang land ni pogi even if not.

EXAMPLE: ganda bought 1k per square meter to

pogi. 1k lang pagbenta ni pogi kasi naniwala
siya sa sinabi ni beauty na 1k lang. even
though the reasonable price is 2k. the
contract cannot be annulled unless pogi can
prove connivance between ganda and beauty
to defraud him.

The thing must be within the commerce of men, that
is, it can legally be the subject of commercial
transaction
Absolute means no one can do it
Relative means pwede sa ibang circumstance,
minsan hindi pwede sa iba
Without the need of new agreement. If need ng new
contract then it is void.
Example:
Pogi promise ganda to deliver one of his car—
determinable without the need of new contract
Pogi promise ganda to deliver a thing—contract is
void dahil ‘yong object is not determinate by its
kind
Pogi promised ganda to deliver his dec 2020
harvest- determinable without the need of new
contract
CAUSE OF CONTRACTS
Onerous contract- They have an obligation to each
other
Ex:

Example: it is void

Another ex: it is valid since it has another true and

Motive is very personal, it has nothing to do on the lawful cause of their contract
validity and invalidity of the cause of the contract

It is necessary that the cause must exist but it is not

necessary to state the cause in the contract because
it is presumed that the cause is exist and lawful
It is valid
CHAPTER 3 FORM OF CONTRACTS

Another ex:

Art 1358 is ONLY FOR CONVINIENCE

CHAPTER 4 REFORMATION OF
INSTRUMENTS
REFORMATION means remedy
Art 1359
1st paragraph as about reformation, 2nd paragraph is
about annulment

That is example of reformation

Reformation is available if there’s written contract