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Is a branch of private law under the civil law system of rules that organizes and regulates the rights and duties, arising between persons within society.
____________________is a characteristic of a contract which constitutes the law between parties.
Stipulations in favor of third persons may demand its fulfillment provided the acceptance is made after revocation.
When there is mutual mistake, either party or the successor in interest may ask for reformation.
When the thing deteriorates with the debtor's fault, the creditor may choose one of the following:
As a general rule, contracts shall be ___________________ in whatever form they have entered into, provided all essential requisites for their validity are present.
_____________________________is one that by universally recognized standards is inherently or by its very nature bad or improper, immoral or contrary to good conscience.
X sold Y 100 sacks of rice that Y was to pick up from X's rice mill on a particular date. Y did not, however, appear on the agreed date to take delivery of the rice. After one week, X automatically rescinded the sale without notarial notice to Y. Is the rescission valid?
If mistake, fraud, inequitable conduct, or accident has prevented a meeting of the minds of the parties, the proper remedy is ____________________________.
A simple mistake of account shall give rise to its _________________________.
Crime/s without civil liability are the following except;
__________________________is a kind of Prestation which consist of all kinds of work or services, whether mental or physical.
_______________________ does not affect the validity of the contract.
Tony enters into a contract of sale with Sharon who paid the purchase of a motorcycle unit. Tony did not deliver the motorcycle unit. Identify the active subject in the statement as an essential requisite of an obligation.
Civil action for recovery of civil liability arising from the offense is impliedly instituted with the criminal action except;
No one may contract in the name of another without being authorized by the latter, or unless he has by law a right to represent him.
Under voidable contracts, When the defect of the contract consists in the incapacity of one of the parties, the incapacitated person is not obliged to make any ___________________except insofar as he has been benefited by the thing or price received by him.
___________________is a meeting of minds between two persons whereby binds himself, with respect other, or to give something or to render some service.
The following crimes are exempted from civil liability under acts punishable by law except:
_____________________________of the law excuses no one from compliance therewith
The following are effects of Legal Compensation except:
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 ____________________.
Under payment/performance, the delivery of promissory notes payable to order or bills or exchange or other mercantile documents shall produce effect of payment only when they are ___________________, or when through the fault of the creditor they have been impaired.
Ervin sold his Toyota Car to Janice under a written contract of sale. What Janice thought Ervin was selling was his Hyundai Car. Can Ervin ask for the reformation of the contract against the objection of Janice who is agreeable for the sale of the Toyota Car?
In order that fraud may make a contract voidable, it should be serious and should not have been employed by both contracting parties.
When the offerer has allowed the offeree a certain period to accept, the offer may be withdrawn at any time before acceptance by communicating such withdrawal, except:
verba intentione non e contradebent inservare means _______________________________.
What is the objective of Novation?
Under Estoppel, when oblige accepts the performance knowing its incompleteness or irregularity and without expressing any protest or objection, the obligation is deemed ____________________________.
Under defective causes, lesion or inadequacy of cause is valid unless fraud or undue influence is valid.
If the obligation consist in the payment of a sum of money and the debtors incurs delay, the indemnity of damages, there being no stipulation to the contrary, shall be the payment of interest agreed upon, and in the absence of the stipulation, the legal interest will be ___________percent per annum per Article 2209.
_______________________cleanses the contract from all its defects from the moment it was constituted.
___________________________contracts as by its effect does not create rights and cannot impose obligation.
___________________________contracts as by its nature of the defect, when cause, object or purpose of contract are contrary to law, good customs, morals, public order or public policy.
___________________ power belonging to a person over specific thing, without a passive subject individually determined against whom such rights may be personally exercised.
Russel owed Mary the sum of P1, 000.00. By mistake, Russel paid P2, 000.00. Mary has the obligation to return the P1,000.00 excess because there was payment by mistake.
When one of the parties is unable to read, or if the contract is in a language not understood by him, and mistake or fraud is alleged, the person enforcing the contract must show that the terms thereof have been fully explained to the former.
A qualified acceptance constitutes a counter offer.
In general, creditor can refuse valid tender of payment.
___________________________contracts as by its nature of the defect, was entered in the name of another without authority or in excess of authority.
The following are characteristics of void contracts, except:
The following are requisites of a valid payment except:
___________________________means both are at fault.
The following are stages of a contract, except:
The following are the primary remedies of creditor in case of breach except:
___________________________contracts are those absolutely simulated or fictitious.
When criminal action is instituted, the civil action for the recovery of the civil liability arising from the offense charged shall deemed instituted with the criminal action unless__________________________________, reserves the right to institute it separately or institutes the civil action prior to the criminal action.
_______________________ contracts are essentially agreements to give donations.
Those contracts which are entered into by guardians whenever the wards whom they represent suffer lesion by more than one-fourth of the value of the things which are the object thereof.
Under Void contracts, when the act is unlawful and constitutes a criminal offense and when only one is guilty, the __________________ may demand of what he has given without obligation to comply with his promise.
The following are the exceptions under transmissibility of rights of fulfillment of obligation, except:
When there is meeting of minds but the true intention is not expressed, a relief of reformation of the instrument may be sought by one of the parties.
_________________________ are interests on obligation which have an extra contractual or delictual origin.
________________________ is a wrong or false notion about such matter.
Can future inheritance be the subject of a contract of sale?
Acceptance made by a letter or telegram does not bind the offerer except from the time it came to his knowledge. The contract in such case is presumed to have been entered in the place where the offer was made.
The procedure of reformation of instrument shall be governed by _____________________of the Supreme Court.
The duty to pay a loan by virtue based on an agreement is an example of obligations arising from ____________________.
Law as a source of obligation - The law may impose an obligation on a business. These law-based obligations are never presumed. There must be a legal provision which serves as the basis. Necessarily, the demandable obligations are only those expressly provided by the law.
Contracts which are entered into by guardians whenever the wards whom they represent suffer lesion by more than one-fourth of the value of the things which are the object thereof may not be rescinded.
When only one prestation is agreed upon, but the obligor may render another substitution, the obligation is ________________________.
_______________________contract shall be resolved against the party who prepared the contract and in favor of the one who merely adhered to it.
The determination of the performance maybe left to a third person, whose decision is binding even if not known to both parties.
__________________________ is a juridical necessity to give, to do or not to do.
The following are kinds of unenforceable contracts, except:
The most natural way to extinguish obligation.
Under form of contracts, when the law requires that a contract be in some form in order that it may be valid and enforceable or that a contract be proved in a certain way, that requirement is ________________and indispensable.
________________________are all kinds of things and interests whose alienation or free exchange is restricted by law or stipulation, which parties cannot modify at will.
Concept of ________________________ is the meeting in one person of the qualities of the creditor and the debtor with respect to the same obligation
There is ____________________________when one of the contracting parties is compelled by a reasonable and well-grounded fear of an imminent and grave evil upon his person or property, or upon the person or property of his spouse, descendants or ascendants, to give his consent.
_______________________ means negligence or fault.
If two parties agree upon the mortgage or pledge of real or personal property, but the instrument states that the property is sold absolutely or with a right to repurchase, __________________________of the instrument is proper.
The usage or custom of the place shall be borne in mind in the interpretation of the ambiguities of a contract, and shall fill the omission of stipulations which are ordinarily established.
In contracts creating real rights, third persons who come into possession of the object of the contract are bound hereby, subject to the provisions of the Mortgage Law and Land Registration Laws.
If two parties agree upon the mortgage or pledge of real or personal property, but the instrument states that the property is sold absolutely or with a right of repurchase, reformation of the instrument is proper.
The fixing of a price may be determined by one of the contracting party for the sale to be perfected.
When you interpret a contract you must look for the contractual intent.
Baldo, a rejected suitor, intimidated Judy into marrying him. While she wanted to question the validity of their marriage two years after the intimidation ceased, Judy decided in the meantime to freely cohabit with Baldo. After more than 5 years following their wedding, Judy wants to file a case for annulment of marriage against Baldo on ground of lack of consent. Will her action prosper?
The following are cases when you have the right to damages except:
The following are the requisites of fortuitous event under extinguishment of liability in case of breach except:
____________________is a characteristic of a contract which is binding only upon the parties and their successors.
Under Void contracts, when the act is unlawful and constitutes a criminal offense and both parties are guilty,_________________________.
The following are reasons to annul a contract when it has prevented the meeting of the minds of the parties, except:
The statement of a false cause in contracts shall render them ___________.
To determine the degree of intimidation, _________________________ of the person shall be borne in mind
___________________________contracts whose cause or object did not exist at the time of transaction.
There is _________________ when through insidious words or machinations of one of the contracting parties, the other is induced to enter into a contract which, without them, he would not have agreed to.
There must be mutuality between the parties in contracts based on their essential equality, to which is repugnant to have one party bound by the contract leaving the other free there from.
The contract with absolute nullity and produces no effect as if it had never been executed or entered into.
Under obligations, an active subject, also known as the________________, who has the power to demand the prestation
Fernando executed a will, prohibiting his wife Marina from remarrying after his death, at the pain of the legacy of P100 million in her favor becoming a nullity. But a year after Fernando's death, Marina was so overwhelmed with love that she married another man. Is she entitled to the legacy, the amount of which is well within the capacity of the disposable free portion of Fernando's estate?
Simulation of a contract may be ________________________.
______________________________ is a unilateral proposition which one party makes to the other for the celebration of the contract.
The following are ways to extinguish or annulment of a current offer, except:
The procedure for the reformation of instrument shall be governed by rules of court to be promulgated by the _____________________________.
Mortgage, insurance and bonds are examples of natural elements of a contract.
Facts: The municipal council of Cavite by Resolution No. 10, leased to Rojas some 70 or 80 square meters of Plaza Soledad, on condition that she pay rent quarterly in advance according to the schedule fixed in Ordinance No. 43, series of 1903 and that she obligate herself to vacate said land within 60 days subsequent to notification to that effect. Upon such notification, however, she refused to vacate the land, forcing the municipality to file a complaint before the CFI to order her to vacate the land. After a hearing of the case, the CFI dismissed the complaint.
Impossible things or services can be the object of contracts.
In interpretation of contracts, what must prevail?
The following are the duties of obligor under Obligation to Give, except:
The action for rescission is ______________________; it cannot be instituted except when the party suffering damage has no other legal means to obtain reparation for the same.
There is __________________________ when, through insidious words or machinations of one of the contracting parties, the other is induced to enter into a contract which, without them, he would not have agreed to.
In order to judge the intention of the contracting parties, their contemporaneous and _____________________________acts shall be principally considered.
The following are cases where no reformation is allowed except:
Suppose a stipulation or word written contract is susceptible of various interpretations. What interpretation or meaning should be given to it?
What action may be taken when the true intentions of the parties are not expressed in the instrument?
___________________means one party bears the lion's share of the risk.
Sonny borrowed P1,000,000 from Joy and agreed that in case of non-payment on the date stipulated, Sonny's house and lot would be sold to Joy for the amount of P1,000,000. Is the stipulation valid?
The various stipulations of a contract shall be interpreted ________________, attributing to the doubtful ones that sense which may result from all of them taken jointly.
X sold his fishing boat to Y who intends to use the boat for smuggling. Is the contract of sale illegal?
___________________________is a kind of compensation as to origin when decreed by court in a case where there is a counterclaim like defendant is the creditor of the plaintiff for an unliquidated amount, sets up his credit as a counterclaim against the plaintiff and his credit is liquidated by judgment, thereby compensating it with the credit of the plaintiff.
Obligations derived from law are presumed.
Those contracts which are absolutely simulated or fictitious are inexistent or void from the beginning.
All other contracts where the amount does not exceed five hundred pesos must appear in writing.
The following are primary remedies in case of breach except:
The usage or custom of the place shall be disregarded in the interpretation of the ambiguities of a contract, and shall fill the omission of stipulations which are ordinarily established.
The interpretation of obscure words or stipulations in a contract shall favor the party who caused the obscurity.
All other contracts where the amount exceeds five hundred pesos must appear in _________________, even private one.
_____________________ is a unilateral proposition which one party makes to the other for the celebration of the contract
Mora means _________________.
Damages can be recovered if when contract is not perfected.
________________________ conditions as to possibility which are those contrary to good customs or public policy and those prohibited by law shall annul the obligation which depends on them.
A contract is to be judged by its character, courts will look into substance and not to the mere form of the transaction.
The following are elements of an obligation, except:
Commission of crimes causes not only moral evil but also material damage.
Under kinds of prestation on obligation to do, the duty of the obligor to pay damages as obliged to do something fails to do it , the will be no action for compliance because that would be involuntary servitude as prohibited by the constitution.
Roy and Carlos both undertook a contract to deliver a boat docked in Subic to Sam in Manila. Before they could deliver it, however, the boat sank in a storm. The contract provides that fortuitous event shall not exempt Roy and Carlos from their obligation. Owing to the loss of the motor boat, such obligation is deemed converted into one of indemnity for damages. Is the liability of Roy and Carlos joint or solidary?
Tony enters into a contract of sale with Sharon who paid the purchase of a motorcycle unit. Tony did not deliver the motorcycle unit. Identify the object/prestation in the statement as an essential requisite of an obligation.
In impossibility of things and services, the impossibility must be actual and contemporaneous with the making of the contract and not subsequent.
_________________________is the result of injury (loss, hurt, harm)
The following are essential elements of a contract except:
Damages can be recovered when contract is not perfected if withdrawal of the offer must be without any illegitimate cause.
_____________________________ is a kind of payment when a debtor is forced by means of judicial proceeding either to comply with the prestation or pay indemnity.
Joe and Jane were to marry in 3 months. Meantime, to express his affection, Joe donated a house and lot to Jane, which Joe wrote in a letter to Jane. Jane wrote back, accepting the donation and took possession of the property. Before the wedding, however, Jane suddenly died of heart attack. Can Jane's heirs get the property?
When one of the parties brought in action to enforce the instrument, he cannot subsequently ask for its reformation.
Under kinds of prestation on obligation not to do, the following are the duties of the obligor except:
Tony enters into a contract of sale with Sharon who paid the purchase of a motorcycle unit. Tony did not deliver the motorcycle unit. Identify the passive subject in the statement as an essential requisite of an obligation.
The following are words indicating joint obligation except:
There is solidarity liability only when obligation expressly so states or when the law or when the nature of the obligation requires solidarity.
What is the object in a contract of sale?
__________________ is an essential element of a contract which is more on the proximate purpose that the contracting parties have in view at the time of entering into a contract.
If the debtor knew the impossibility of things and services, he will be liable for damages.
Creditor should make demand before debtor incurs delay.
The following are requisites of a valid tender of payment except:
The duty to refund an "over charge" of money because of solutio indebiti (payment by mistake) or negtiorum gestio (management of another's property) is an example of obligations arising from ____________________.
Parties may freely enter into any stipulations or contracts, provided _______________________.
The parties are free to determine the content of the contract insofar as it does not contravene the mandatory provisions of both the law and good morals.
In case of a divisible contract, if the illegal terms can be separated from the legal ones, the latter may be enforced.
____________________is a characteristic of a contract wherein validity and performance cannot be left at the will of one of them.
When through the ignorance, lack of skill, negligence or bad faith on the part of the person drafting the instrument or of the clerk or typist, the instrument does not express the true intention of the parties, the courts may order the instrument be _____________________.
____________________ means man's innate sense or notion of what is right and wrong is more or less universal.
Law as a source of obligation requires
In onerous transfer, if there is good faith, the contract may be rescinded.
Under obligation to give, when a minor 18-21 entered into a contract without parental consent , voluntarily pays the sum of money and delivers a fungible thing in fulfillment of an obligation, there shall be no right to recover the same from the oblige who has spent or consumed it in good faith.
X bought a land from Y, paying him cash. Since they were friends, they did not execute any document of sale. After 7 years, the heirs of X asked Y to execute a deed of absolute sale to formalize the verbal sale to their father. Unwilling to do so, X's heirs filed an action for specific performance against Y. Will their action prosper?
Jeff sold to Philip his car worth 1M for only Php500,000. There is no question that the purchase price is grossly inadequate. Does Jeff have the right to have the sale annulled?
The following are effects of delegacion except:
The following are ways to test divisibility of obligations, except:
When there is unilateral mistake, the uninjured party may ask for reformation.
Rescissible contract that has caused a particular damage to one of the parties or to a third person and which for equitable reasons may be set aside even if valid.
In general, what is to be paid to extinguish obligation?
A contract where consent is given through mistake, violence, intimidation, undue influence is voidable.
Knowing that the car had a hidden crack in the engine, X sold it to Y without informing the latter about it. In any event, the deed of sale expressly stipulated that X was not liable for hidden defects. Does Y have the right to demand from X a reimbursement of what he spent to repair the engine plus damages?
Under Estoppel, when the obligee accepts the performance, knowing its incompleteness or irregularity and without expressing any protest or objection, the obligation is deemed _______________________.
The particular motive of the parties entering into a contract are the same from the cause thereof.
Upon the proposal of a third person, a new debtor substituted the original debtor without the latter's consent. The creditor accepted the substitution. Later, however, the new debtor became insolvent and defaulted in his obligation. What is the effect of the new debtor's default upon the original debtor?
A mere expression of an opinion does not signify fraud, unless:
___________________________contracts whose objects are outside the commerce of man.
General rule: Nullity of principal obligation, also nullify ____________________.
Under payment by Cession, the debtor may cede or assign his property to his creditors in payment of his debts unless _______________________________.
Below are examples of obligations arising from the law except:
____________________is a characteristic of a contract wherein entering into contract is guaranteed right by citizens. They are free to do so as long as it's not contrary to law, customs, public order and policy.
___________________________contracts are those contemplate an impossible service.
If the terms of a contract are clear and leave no doubt upon the intention of the contracting parties, the_________________ meaning of its stipulations shall control.
The following are examples of 'Acts of God' except;
When mutual mistake of the parties causes the failure of the instrument to disclose their real agreement, said instrument may be annulled.
That is, the happening of the event which constitutes the condition. In other words, the fulfillment of which will extinguish an obligation (or right) already existing.
The duty to repair damages due to negligence is an example of obligations arising from ____________________.
___________________________contracts as by its nature of the defect refer to things in litigation without the knowledge and approval of litigants or competent judicial authority.
The relativity as a characteristic of contract will take effect only between parties, their assignments and heirs.
The following are impossible things except:
Although the cause is not stated in the contract, it is not presumed to that it exists and illegal.
___________________________contracts can be cured by ratification or prescription.
_______________________ any person may invoke the inexistence of the contract whenever juridical effects founded thereon are asserted against him.
___________________________contracts as by its effect is valid but cannot be enforced by a proper action in court.
When the law sets, or authorizes the setting of a minimum wage for laborers, and a contract is agreed upon by which a laborer accepts a lower wage, he shall be entitled to recover the deficiency.
Under Article 1206, when only one prestation has been agreed upon, but the obligor may render another in substitution the obligation is called alternative.
Contracts that are ratified, where both parties are incapable of giving consent to a contract are unenforceable.
___________________________is a fear occasioned by the threat must be reasonable and well grounded.
A contract where consent is given through mistake, violence, intimidation, undue influence, or fraud is voidable.
___________________________contracts as by its nature of the defect is by representation if the absentees when the later suffers by lesion of more than 25% of the value of the thing.
A contract which is the direct result of a previous illegal contract is also void and inexistent.
Contracts shall be obligatory, in whatever form they may have been entered into, provided all essential requisites for their validity are present.
In reciprocal obligations, there can only be delay in negative obligations (not to give or not to do) not in positive obligations (to give or to do).
How payment is made? A debt shall not be understood to have been paid unless the thing or service which the obligation has beencompletely delivered or rendered as the case may be.
In interpretation of contracts, what should be followed? Its terms or the intention of the parties? Why?
The following are the third persons or interested parties who can pay to extinguish obligation except:
Under obligations with Penal clause, the penalty may be enforced only when it is ______________________ in accordance with the provision under Article 1226 par2.
There is a presumption under period or term that it both benefits the debtor and creditor unless from the tenor of both circumstances it should appear that the period has been established in favor of one or the other.
__________________________is a kind of Prestation which consist of the delivery of a movable or immovable thing, in order to create a real right or for the use of the recipient or for its simple possession or in order to return to its owner.
Under Quasi-delict, Teachers or Heads of establishment of arts and trades shall be liable for damages caused by their pupils or students or apprentices, as long as they are not in their custody.
Those contracts entered into in the name of another person by one who has been given no authority or legal representation, or who has acted beyond his powers are inexistent or void from the beginning.
An exception in the form of contracts is when the law requires that a contract be in order it may be valid or enforceable.
Failure to disclose facts, when there is a duty to reveal them, as when the parties are bound by confidential relations, constitutes __________________________.
____________________means automatic foreclosure.
Elements of Obligation where in there is power to demand the prestation or object. (obligee/creditor)
Under rescissible contracts, does it prejudice the creditors?
The following is a classification of a contract according to form except:
All services which are not contrary to law, morals, good customs, public order or public policy may likewise be the object of a contract.
Acceptance may be ____________________ or implied.
The following are kinds of Negligence except;
The object of the obligation and object of the contract created thereby need not be identical.
The following may not be reformed, except:
In general, the following can be made or authorized to receive payment except:
________________________ means deceit or fraud.
This happens when the creditor makes a demand and the obligor fails to deliver the thing.
Contracts of Adhesion shall be resolved against the party who prepared the contract and in favor of the one who merely adhered to it.
If the law requires a document or other special form, as in the acts and contracts enumerated in the contracts must appear in public document, the contracting parties may _____________________each other to observe that form, once the contract has been perfected.
The cession, repudiation or renunciation of hereditary rights or of those of the conjugal partnership of gains, may not appear in public document.
_________________ cleanses the contract from its defect from the moment it was constituted.
An absolutely simulated or fictitious contract is _____________________.
The following are the requisites of rescission except:
___________________________is an injury suffered by one of the parties by virtue of contract that is advantageous to him.
A ______________________ is a meeting of minds between two persons whereby one binds himself with respect to the other, to give something or to render service.
When bilateral contracts are vitiated with vices of consent, they are rendered
___________________________contracts as by its effect is valid until annulled by a competent court.
In bilateral contracts, fulfillment must not be simultaneous or reciprocal.
Every person criminally liable is also civilly liable.
________________________ is no impediment to the reformation of an instrument.
The following are the requisites of consent, except:
_______________________contract in which consent of one of the parties is defective.
Acceptance made by letter or telegram does 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.
Contracts take effect only between the parties or their assigns and heirs, except where the rights and obligations arising from the contract are not transmissible by their nature, by stipulation, or by provision of law. In the latter case, the assigns or the heirs are not bound by the contracts. This is known as the principle of _________________________.
_______________________ are contracts resolved against the party who prepared it and in favor of the one who merely adhered to it.
Real contracts, such as deposit, pledge and Commodatum, are not perfected until the delivery of the object of the obligation.
In an obligation to give like Avon Products, the passive subject is the seller, the active subject is the buyer, the prestation is "to give," specifically to deliver the Avon Products, and the juridical tie is a source of obligation arising from contract.
The following are characteristics of a contract, except:
The prescription period to file for action for annulment of contract is ______________years.
___________________________contracts as by its nature of the defect, want of capacity by age or insanity.
General Rule: Nullity of penal clause does not nullify affect the principal ______________________.
Facts: The Dela Cruz sisters were the aunts of Dolores Rongavilla. They borrowed P2,000 from the Rongavillas to have their rooftop repaired. Later, petitioners went back to their aunts to have them sign a contract. Taking advantage of their lack of education, the sisters were made to believe that such document, typewritten in English, was just for the acknowledgment of their debt. After four years, petitioners asked their aunts to vacate the land subject to litigation claiming that she and her husband were the new owners. After verifying with the Registry of Deeds, the aunts were surprised that what they have signed was actually a deed of sale. Their land title was cancelled and the ownership was transferred to their nephews. The land was mortgaged with the Cavite Development Bank.
The interpretation of obscure words or stipulations in a contract shall favor the party who caused the obscurity
Would a prudent man, in the position of the person to whom negligence is attributed, foresee harm to the person injured as reasonable consequence of the course about to be pursued?
An offer made through an agent is accepted from the time acceptance is communicated to him.
If mistake, fraud, inequitable conduct or accident has prevented to have a meeting of the minds by both parties, the remedy is reformation.
If one party was mistaken and the other acted fraudulently or inequitably in such a way that the instrument does not show their true intention, the former may ask for the reformation of the instrument.
Under Alternative Obligations, the following are the effects of loss or impossibility of one or all prestations or when the debtor shall lose the right of choice, when among the prestations whereby he is alternatively bound only one is practicable except:
Those contracts where one of the parties is incapable of giving consent to a contract;
Those contracts whose cause, object or purpose is contrary to law, morals, good customs, public order, or public policy.
Payments made in a state of insolvency for obligations to whose fulfillment the debtor could not be compelled at the time they were effected, are also __________________________.
Demand may be in any form, provided it can be proved. Burden of proof of demand on creditor.
An accounting firm and a computer shop are two separate businesses that do not have any connection. If the accounting firm buys 20 sets of computers for P400,000.00 from the computer shop, then a legal connection (juridical relation) is created between the two enterprises. With a perfected written contract of sale, the accounting firm may demand from the computer shop the ______________________.
One of the requisites of prestation is that it must be possible, if not then the obligation is ___________________.
The following cannot give consent to a contract except:
Contracts agreed to in a state of drunkenness or during a hypnotic spell are ____________________.
An obligation is a legal duty, however created, the violation of which may become the basis of an action of law.
In general, what is to be paid in an obligation?
An employer may be civilly liable for the quasi delict or crime of his employee.
The following must not be stipulated in the contract, except:
___________________________contracts cannot be cured.
____________________________ is the remedy allowed by law by means of which a written instrument is amended or rectified so as to express or confirm the real agreement or intention when by reason of mistake, fraud, inequitable conduct or accident, the intention fails to express such in agreement or intention.
When the agreement is not illegal per se but is merely prohibited, and the prohibition by the law is designated for the protection of the plaintiff, he may, if public policy is thereby enhanced, recover what he has paid or delivered.
__________________________is a kind of Prestation which consist in abstaining from such act.
Under Void contracts, action to declare nullity is necessary because______________________________.
Various stipulations of a contract shall be interpreted together.
Under Action for damages, recoverable for damages include any and all damages that a human being may suffer. Responsibility for damages may be divisible.
All things which are not outside the commerce of men, including future things, may be the object of a contract.
D sold E a parcel of land worth 1M. E failed to pay D. Has F has the right to have the sale declared void by court on the ground of absence of cause for non payment of price?
___________________ is where courts must find that the contract contravenes some established interest in the society
Mortgage, guaranty and bond are examples of _______________________ elements of a contract
___________________ determines the existence of an obligation.
____________________ is contracting for or receiving something in excess of the amount allowed by law for the loan or forbearance of money, good of chattels. It is also taking more interest for the use of money, goods or chattels or credits than the law allows.
Words ought to be subservient to the intent, not the intent to the word.
______________________ means mere unaccepted offer.
_______________________prevent fraud and perjury in the enforcement of obligations depending for their evidence upon the unassisted memory of witnesses by requiring certain enumerated contracts and transactions to be evidenced by a writing signed by the party to be charged.
Civil obligations arising from criminal offence must be governed by the penal laws
Elements of Obligation where in the obligee is bound to perform the prestation . (obligor/debtor)
In an obligation to pay taxes, the passive subject is the taxpayer, the active subject is the government through the Bureau of Internal Revenue, the prestation is "to give," specifically__________________, the juridical tie is a source of obligation arising from law.
No contract may be entered into upon future inheritance except in cases expressly authorized by law.
Those contracts whose cause, object or purpose is contrary to law, morals, good customs, public order, or public policy are _________________.
Obligations arising from the contract have the force of law between contracting parties.
Elements of negligence are the following except:
Substantial breach of contract is where part of obligation is performed and gives rise to liability for damages.
_______________________is the thing, right or service which is the subject matter of the obligation arising from the contract
Obligations arising from contracts have the force of law between contracting parties and should be complied with good faith.
The duty to return a stolen carabao is an example of obligations arising from ____________________.
Jean sold her condominium unit to Jane 'including all its contents'. In the unit there is an antique chair belonging to Susan which Susan agreed to sell to Jean. Will the chair be sold along with the unit?
Under Quasi-delict, the State is responsible in like manner when it acts through a special agent but not when the damage has been caused by the official to whom the task done properly pertains, in which case what is provided in article 2176 shall be applicable.
Default ends from the moment creditor demands the performance of obligation.
Under action of undoing, when the obligation consist of not doing and the obligor does what has been forbidden him, it shall be undone at his expense.
Facts: Cabaliw was the second wife of Benigno. During their marriage, they bought 2 parcels of land. They had a daughter named Soledad. Benigno abandoned his wife Cabaliw, thus the latter filed an action in court for support. The Court ordered Benigno to pay her P75 a month.However, Benigno did not pay and instead sold their property to his son-in-law, Soterro. The transaction was done without Cabaliw's consent. Prior to the sale, Soterro already knew that there was a judgment rendered against his father-in-law but proceeded to buy the property anyway. When Cabaliw found out, she instituted an action along with her daughter to recover the properties.
The following are essential elements of a contract, except:
Demand is not necessary to incur delay when:
If Eden sold to Yvonne a parcel of land but the land already has a residential building which is not mentioned in the agreement, will annulment be the remedy for this?
The action for annulment of contracts shall not be extinguished when the thing which is the object thereof is lost through the fraud or fault of the person who has a right to institute the proceedings.
Advertisements for bidders are simply ____________________________ to make proposals, and the advertiser is not bound to accept the highest or lowest bidder, unless the contrary appears.
________________________may be ordered at the instance of either party or his successors in interest, if the mistake was mutual; otherwise, upon petition of the injured party, or his heirs and assigns.
____________________________ is conditional type of obligation where an obligation arises, but if the condition does not happen, obligation does not come to existence.
___________________ pertains to certain percepts that cannot be universally recognized as moral, sometimes they only apply to certain communities or localities.
A contract entered into in the name of another by one who has no authority or legal representation, or who has acted beyond his powers, shall be unenforceable, unless it is ratified, expressly or impliedly, by the person on whose behalf it has been executed, before it is revoked by the other contracting party.
The following are characteristics of unenforceable contracts, except:
Under reciprocal obligations, the injured party may choose between fulfillment of obligation and the rescission of the obligation, with the payment of damages in either case. He may also ask rescission even after he has chosen fulfillment, if the latter should become _______________________.
_________________________ property is alienated to the creditor in satisfaction of a debt in money shall be governed by laws of sales.
__________________________is a kind of Quasi-contract which states that whoever voluntarily takes charge of the agency or management of the business or property of another, without any power from the latter, is obliged to continue the same until the termination of the affair and its incidents or to require the person concerned to substitute him, if the owner is in the position to do so.
Prescription of action for annulment-after prescription, contract ____________________.
____________________ are descriptive of statutes which requires certain classes of contracts to be in writing. Merely regulates the formalities of the contract necessary to render it enforceable.
Those contracts where the consent is vitiated by mistake, violence, intimidation, undue influence or fraud.
Under Quasi contract, consider a pizza that is delivered to the wrong address. The pizza has already been paid for. If the individual does not correct the delivery man and instead keeps the pizza, the court system could issue a quasi contract that would require the Individual to pay back the amount of the pizza to the party that paid for the pizza. The contract is used to prevent any party from benefiting from the situation at the other party's expense; the restitution required under the contract is to make the situation____________.
Contracts are perfected by mere consent, and from that moment, the parties are bound not only to fulfillment of what has been expressly stipulated but not to consequences
___________________________contracts as by its nature of the defect, both parties are legally incapacitated to act.
The following are the effects if a third person payment which is not an interested party with debtor's consent, except:
Obligations arising from Contracts or 'Obligation ex contractu' arise from stipulations of the parties: meeting of the minds / formal agreement must be complied with in good faith because it is the "law" between parties; neither party may unilaterally evade his obligation in the contract, unless: contract authorizes it or other party assents
___________________________contracts as by its nature of the defect are covered by statute of frauds.
Misrepresentation made in good faith is not fraudulent but may constitute ________________.
Under rescissible contracts, whoever acquires in bad faith the things alienated in fraud of creditors, shall indemnify the latter for damages suffered by them on account of the alienation, whenever, due to any cause, it should be impossible for him to return them.
___________________ tends only to assure and pave the way for the celebration of a contract is actually made, the rights and obligations are not yet determined.
A buyer ordered 5,000 apples from the seller at P20 per apple. The seller delivered 6,000 apples. What are the rights and obligations of the buyer?
The following are exceptions of demand except:
The following are causes of reformation of instrument except:
___________________________contracts as by its nature of the defect, consent is vitiated by mistake or error, violence and intimidation, undue influence, fraud or misrepresentation.
No liability for fortuitous events intervene.
___________________________is a wrong or false notion about such matter, a belief in the existence of some circumstance, a fact or event which in reality does not exist
Lino entered into a contract to sell with Ramon, undertaking to convey to the latter one of the five lots he owned, without specifying which lot it was, for the price of P1 million. Later, the parties could not agree which of five lots Lino owned to sell to Ramon. What is the standing of the contract?
Those contracts which contemplate an impossible service are inexistent or void from the beginning.
Contracts undertaken in fraud of creditors when the latter cannot in any other manner collect the claims due them may be rescinded.
The power to administer a property must appear in a public document
Contract is perfect when the offeror or counter offeror learn about the acceptance.
___________________________contracts as by its effect is valid until rescinded .
_______________________ contracts, the cause is understood to be, for each contracting party, the prestation of a thing or service by the other.
___________________ is a kind of indivisible obligation even the object or service may be divisible, an obligation is indivisible if so provided by law or intended by parties.
____________________, which is an object or undertaking to give, to do or not to do
The usual exaggerations in trade, when the other party had an opportunity to know the facts, are not in themselves ________________________.
When a mutual mistake of the parties causes the failure of the instrument to disclose their real agreement, said instrument may be______________________.
X and Y, both Filipinos, were married and resided in Spain although they intend to return to the Philippines at some future time. They have not executed any marriage settlements. What law governs their property relations?
Tony enters into a contract of sale with Sharon who paid the purchase of a motorcycle unit. Tony did not deliver the motorcycle unit. Identify the juridical tie in the statement as an essential requisite of an obligation.
Architect Velasco designed and supervised the house construction of Mrs Reyes. The parties failed to agree beforehand the professional the professional fee of Architect Velasco. How much is Mrs Reyes bound to pay Architect Velasco?
Consent is manifested by the _____________________ of the offer and acceptance upon the thing and the cause which are to constitute a contract.
Under kinds of period or term as to source, Article 1197 Par 3, in every case, the court shall determine such period as may under circumstances have been contemplated by both parties. Once fixed by the courts, the period cannot be changed by them.
Words which may have different significations shall be understood in that which is most in keeping with the nature and object of the contract.
G gave Php 100,000 to H who signed a receipt stating: "This is to acknowledge payment of G in the amount of Php100,000". G later complains the he receives nothing from H for the Php 100,000. Is H bound to return the Php 100,000?
Clint, a wealthy landowner suddenly left for abroad leaving his livestock farm unattended. John, a neighbor of Clint managed the farm thereby incurring expenses. When Clint returns, he has the obligation to reimburse John for the expenses incurred by him and to pay him for his services. It is based on the principle _______________________________________.
Obligation arising from Law or 'Obligation ex lege' is imposed by law itself and must be expressly or impliedly set forth and cannot be presumed.
As a general rule, partial payment is not allowed, creditor cannot be compelled to receive partial prestations same way debtor cannot be compelled to give partial payments except:
A contract to be effective as Cessation must not appear in a public document.
The following are essential requisites of a contract, except:
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