You are on page 1of 8

CHAPTER 2

Essential Requisites of Contracts


General Provisions
Article 1318
There is no contract unless the following requisites concur:
(1) Consent of the contracting parties;
(2) Object certain which is the subject matter of the contract;
(3) Cause of the obligation which is established. (1261)
SECTION 1
CONSENT
Article 1319
Consent is manifested by the meeting of the offer and the acceptance
upon the thing and the cause which are to constitute the contract. The
offer must be certain and the acceptance absolute. A qualified
acceptance constitutes a counter-offer.

Acceptance made by letter or telegram does not bind the offerer


except from the time it came to his knowledge. The contract, in such a
case, is presumed to have been entered into in the place where the offer
was made. (1262a)
Article 1320
An acceptance may be express or implied. (n)
Article 1321
The person making the offer may fix the time, place, and manner of
acceptance, all of which must be complied with. (n)
Article 1322
An offer made through an agent is accepted from the time acceptance is
communicated to him. (n)

You might also like