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    Title II - Contracts

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    Zaira Pangesfan
    This document classifies and defines different types of contracts based on various criteria such as their relation to other contracts, elements, perfection, purpose, subject matter, risk, and norms regulating them. It discusses preparatory contracts, principal contracts, accessory contracts, consensual contracts requiring consent but not delivery, contracts requiring consent and delivery, contracts classified by form as common or special, contracts classified by purpose such as transfer of ownership or conveyance of use, contracts classified by subject matter, vinculum producing obligations, cause as onerous or gratuitous, risk as commutative or aleatory, names or norms regulating them as nominate or innominate. It also discusses stipulations, terms and conditions of contracts and regulation of inn

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    Title II - Contracts

    Uploaded by

    Zaira Pangesfan
    403 views2 pages
    This document classifies and defines different types of contracts based on various criteria such as their relation to other contracts, elements, perfection, purpose, subject matter, risk, and norms regulating them. It discusses preparatory contracts, principal contracts, accessory contracts, consensual contracts requiring consent but not delivery, contracts requiring consent and delivery, contracts classified by form as common or special, contracts classified by purpose such as transfer of ownership or conveyance of use, contracts classified by subject matter, vinculum producing obligations, cause as onerous or gratuitous, risk as commutative or aleatory, names or norms regulating them as nominate or innominate. It also discusses stipulations, terms and conditions of contracts and regulation of inn

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    Notes on contracts

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    Title II- Contracts

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    This document classifies and defines different types of contracts based on various criteria such as their relation to other contracts, elements, perfection, purpose, subject matter, risk, and norms regulating them. It discusses preparatory contracts, principal contracts, accessory contracts, consensual contracts requiring consent but not delivery, contracts requiring consent and delivery, contracts classified by form as common or special, contracts classified by purpose such as transfer of ownership or conveyance of use, contracts classified by subject matter, vinculum producing obligations, cause as onerous or gratuitous, risk as commutative or aleatory, names or norms regulating them as nominate or innominate. It also discusses stipulations, terms and conditions of contracts and regulation of inn

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    403 views2 pages

    Title II - Contracts

    Uploaded by

    Zaira Pangesfan
    This document classifies and defines different types of contracts based on various criteria such as their relation to other contracts, elements, perfection, purpose, subject matter, risk, and norms regulating them. It discusses preparatory contracts, principal contracts, accessory contracts, consensual contracts requiring consent but not delivery, contracts requiring consent and delivery, contracts classified by form as common or special, contracts classified by purpose such as transfer of ownership or conveyance of use, contracts classified by subject matter, vinculum producing obligations, cause as onerous or gratuitous, risk as commutative or aleatory, names or norms regulating them as nominate or innominate. It also discusses stipulations, terms and conditions of contracts and regulation of inn

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    TITLE II. CONTRACTS b.

    Real- requires not only the consent for


    their perfection, but also the delivery of
    CHAPTER 1- GENERAL PROVISIONS
    the object by any one of the party to the
    Article 1305. A contract is a meeting of other. (Commodatum, Pledge, Deposit)
    minds between two persons whereby
    *Loan for consumption- Mutuum
    one binds himself, with respect to the
    *Loan for use- Commodatum
    other, to give something or to render
    some service. 3. According to their form
    a. Common or informal- do not require
    Once the minds of the contracting
    some particular form (Loan, Lease)
    parties meet, a VALID CONTRACT exists,
    b. Special of formal- requires some
    whether it is reduced to writing or not.
    particular form (Donation, Chattel
    When the terms of an agreement have Mortgage)
    been reduced to writing, it is considered 4. According to their purpose
    as containing all the terms agreed upon. a. Transfer of ownership- Sale
    b. Conveyance of use- Commodatum
    Essential Elements of a Contract: c. Rendition of service- Agency
    1. Consent of the contracting parties 5. According to their subject matter
    2. Object certain which is the subject a. Things- Sale, Deposit, Pledge
    matter of the contract b. Services- Agency, Lease of service
    3. Cause of the obligation which is 6. According to their vinculum which
    established. they produce.
    a. Unilateral- gives rise to an obligation
    Classification of contracts for only one of the parties
    1. According to their relation to other (Commodatum, Gratuitous deposit)
    contracts b. Bilateral- gives rise to reciprocal
    a. Preparatory- which have for their obligations for both parties- (Sale, Lease)
    object the establishment of a condition 7. According to their cause
    in law which is necessary as a preliminary a. Onerous- each of the parties aspires to
    step towards the celebration of another procure for himself a benefit through the
    subsequent contract. (Partnership, giving of an equivalent or compensation
    Agency) (Sale)
    b. Principal- can subsist independently b. Gratuitous- one of the parties proposes
    from other contracts and whose purpose to give to the other a benefit without any
    can be fulfilled by themselves. (Sale, equivalent or compensation
    Lease) (Commodatum)
    c. Accessory- can exist only as a 8. According to risk involved
    consequence of, or in relation with, a. Commutative- ech of the parties
    another prior contract. (Pledge, acquires an equivalent of his prestation
    Mortgage) and such equivalent is pecuniarily
    2. According to their perfection appreciable and already determined
    a. Consensual- are perfected by mere from the moment of the celebration of
    agreement. (Sale, Lease) the contract. (Lease)
    b. Aleatory- each of the parties has to
    account the acquisition of an equivalent
    of his presatation, but such equivalent is
    not yet determined at the moment of the
    celebration, since it depends upon the
    happening of an uncertain event, thus
    charging the parties with risk of loss or
    gain. (Insurance)
    9. According to their names or norms
    regulating them
    a. Nominate- have their own individuality
    ad are regulated by special provisions of
    law (Sale, Lease)
    b. Innominate- lacks individuality and
    are not regulated by special provisions

    Article 1306. The contracting parties may


    establish such stipulations, clauses, terms
    and conditions as they may deem
    convenient, provided they are not
    contrary to law, morals, good customs,
    public order, or public policy.

    Article 1307. Innominate contracts shall


    be regulated by the stipulations of the
    parties, by the provisions of Titles I and II
    of this Book, by the rules governing the
    most analogous nominate contracts,
    and by the customs of the place.

    Article 1308. The contract must bind both


    contracting parties; its validity or
    compliance cannot be left to the will of
    one of them.

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