CONTRACTS choice is already made

GENERAL PROVISION fix time place, manner

ELEMENTS (Essential; Common; Special; EO; Natural; agent time communicated to him
Accidental) mere messenger not applicable
CLASSIFICATIONS consent Death, civil I, insanity,
Relation to others insolvency
Perfection ACCEPTANCE (CADIP)
Form comminicated; absolute; directed;
A 748 intention to be bound; proper time
A 749 amplified acceptance
A 1771 MERC (manifestation; expedition;
A 1773 reception; cognition)
A 2134 SILENCE!
A 1874 1) duty or possibility to express;
A 1956 2) manifestation cannot be
A 1744 interpreted any other way
Purpose 3) clear identity in effect of
Subject matter silene and undisclosed.
Nature of vindiculum 2) necessary legal capacity
Cause minor (xpn: represented; ACTIVE ESTOPPEL;
Risk sale and deliveries of necessities)
Names/norms insane (xpn: lucid interval)
A 1307 drunkeness, hypnotic
stipulation deafmutes (no read write)
civil code INCAPACITY vs DISQUALIFICATION
analogous to nom exercise vs very right
customs subjective vs public policy
voidable vs void
Auto/ Collective/ Adhesion/ Implied in fact 3) must be
FREE/INTELLIGENT/ SPONTANEOUS
Stages VICES OF WILL
VIMFU
Characteristic
OMARC Violence-
Obligatory serious and irresistible force
Mutuality (not justified; sufficient;
bind both determining cause)
XPN: THIRD PERSON!!!
Autonomy Intimidation
1306! reasonable and well grounded
Relativity fear;
Pour atrui Stipulation (3rd person not whole; upon his persons, property,
not conditioned or compensated clearly and spouse, descendants, or
deliberate not legal rep or autho) ascendants
communicated before revoke (not justified; imminent and
A 1312 possession of 3rd p creating real right grave; determining cause)
A 1313 entered in order to defraud creditor
A 1314 3rd p induced to violate Mistake
Consensuality substance or principal condition
real: DPC wrong conception, lack of knowledge
mistake of fact/law
past/present fact;
w respect legal effect of
agreement;
ESSENTIAL REQUISITES OF CONTRACTS
mutual;
Consent
NOT imputable to the party
Requisites
mistaken;
1) concurrence of O&A
real purpose frustrated
OFFER (DDIC)
directed to a sakto person, definite,
Fraud-
intentional, complete
SERIOUS insiduous words and
BIDDERS AD
machinations;
invitation to make proposal
1 is to one (not both or by 3rd
BIZ AD
party)
G: not definite offers (xpn:unless
(bad faith; determining cause)
otherwise proven)
damage or injury caused
counteroffer
complex offer(interralate, not IR) kinds
withdrawal perfection
(XPN: OPTION CONTRACT) causal (voidable)
incidental (damages)
requisites: 1) supported by sepa
performance
consideration; 2) exclusive
IF NO CONSIDERATION, may
failure to disclose when
still be withdrawn even if
needed
 opinion of expert prejud 3rd p
fraud by third person cession of actions or rights from act appearing in
xpn: 1) mutual public docu
substantial mistake; 2)
makes misrep w/ REGISTERED
complicity chattel
sale of large cattle
Undue Influence improper adv of
his power depriving him of *GREATER RECIPROCITY OF RIGHTS
reasonable freedom of choice *TRANSMISSION OF RIGHTS AND INTEREST
confidential, family, spiritual,
analogy may annul!
REAL
VCES OF DECLARATION
DAP
1) deliberate declaration
2) afreement apparently valid act REFORMATION
3) deceive or hide from 3rd persons
altho not nec that prupsoe be illicit express or conform to real intention of the parties
or fraud unfair to allow written instru when such does not state the
Relative real meeting of minds
3rd person in GF
lawful and not prejudice Requisites:
Absolute 1) meeting of minds of parties
2) failure M/F/Inequit conduct/ accident
Object 3) clear and convincing proof
reqst:
1) commerce YES REFORM!
2) real or possible MUTUAL MISTAKE
3) licit MISTAKE FRAUD
4) determinate or determinable MISTAKE NAGPANGGAP LOLS
BOBO, DI BIHASA, PABAYA, BAD FAITH PERSON
future inheritane succession not yet opened; DRAFTING INSTRUMENT
forms part; expectancy of a right MORTGAGE OR PLEDGE SOLD (ABSOLUTE OR RIGHT
OF REPURCHASE)
Cause- immediate, direct, most proximate
objective NO REFORM!
same Simple donation
affects validity or existence wills
(LET) when real agreement VOID
lack of cause; ONE PARTY BROUGHT ACTION TO ENFORCE
illegality; INSTRUMENT(ESTOPPEL!)
falsity
void if it shall be proven in another cause prevented parties to MOM void
lesion or inadequacy xxxxx Expediency and convenience NOT an element!!

PRESUMPTION OF LAWFUL CAUSE WHO CAN ASK?

Parties, successors,
otherwise, kawawaz sila if basta basta

FORMS

XPNS
1) to be valid DEFECTIVE CONTRACTS
2) to be enforceable
3) to be binding against 3rd persons Defect
can compel if there exist a valid contract Legal effect
compel + action upon contract = simultaneous Prescription
execution must precede determination of obligation Ratification
(hence, not really validy of contract or act) Assailed by whom
How assailed
WRITING
donation (PP > 500php)
sale (piece of land pr any interest thru AGENT)
interest in loan
antichresis
EO diligence to ordinary- CCarrier

PUBLIC DOCU
donation (immovable)
C/T/M/E of real right over immovable
sale f RP/ interest
CRR of hereditary or CPG
admiister property