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1vhh

The document outlines principles for interpreting contracts, emphasizing the importance of clear terms and the intention of the parties involved. It states that if there are ambiguities or multiple meanings, the interpretation that aligns with the contract's nature and object should prevail, and any obscurities should be construed against the party that created them. Additionally, it addresses how to handle doubts in various types of contracts, particularly focusing on incidental circumstances.

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kazeyo1023
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3 views

1vhh

The document outlines principles for interpreting contracts, emphasizing the importance of clear terms and the intention of the parties involved. It states that if there are ambiguities or multiple meanings, the interpretation that aligns with the contract's nature and object should prevail, and any obscurities should be construed against the party that created them. Additionally, it addresses how to handle doubts in various types of contracts, particularly focusing on incidental circumstances.

Uploaded by

kazeyo1023
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
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-​ CONTRAVENE: There is doubt in

the words if “transfer of ownership”


1370 CLEAR AND or “deliver of land”

LEAVE NO DOUBT

-​ CONTRAVENE
-​ Terms of contract are CLEAR and
LEAVE NO DOUBT: literal meaning
of its stipulations shall control
-​ If the words appear to 1371 ACTS OF
CONTRAVENE TO INTENTION: the
latter shall prevail over the former PARTIES
★​ Kumbaga, dapat clear and stated
kung anong klaseng contract ang
meron. Dapat ang intention hindi
contrary sa stated/words ng
contract.
★​ NO INTERPRETATION CHANGING
THE MEANING OF THE
CONTRACT = CLEAR AND NO
DOUBT
-​ Kasabay and kasunod na actions ng
parties should be taken into
consideration
-​ Antecedent circumstances may also
be considered
-​ KUNG ANO GINAWA NA
ACTIONS, IYON ANG IINTERPRET

EXAMPLE:
-​ Ganda cultivated, paid the taxes,
and fenced the land
-​ With the acts of Ganda made known
to Pogi, may CONTRACT OF SALE
kaya nagawa ng actions
1372 GENERAL 1373 SEVERAL
TERMS MEANINGS
-​ Dapat hindi masama ang naiiba
talaga sa contract

★​ If maraming meanings,
interpretation that would make it
EFFECTUAL AND VALID will
prevail

-​ May dalawang bahay si Pogi:


(1) exclusively owned by him
(2) co-owned with Beauty
-​ Contract of sale of Pogi and Ganda
was without the consent of Beauty:
sold to Ganda
FOR GANDA: including ALL FURNITURES -​ CONCLUSION:
-​ The narra table belongs to Beauty, (1) is sold or ang binenta lang kay
not to Pogi who sells the house Ganda. Hindi binenta ni Pogi ang (2)
(excluded) house.
-​ hindi naman furnitures ang
appliances na washing machine,
5-inch television set, and refrigerator
(excluded)

★​ Kahit pa GENERAL TERMS ang


gamit sa contract, dapat hindi agad
mag-conclude.
★​ If DISTINCT and DIFFERENT from
the intentions of the parties, then it
should not be included.
★​ SPECIAL INTENT PREVAILS
OVER GENERAL INTENT
1374 INTERPRETED 1376 USAGE OR
TOGETHER CUSTOM OF THE
PLACE

-​ Dapat hindi basahin ng


hiwa-hiwalay/particular ang contract,
-​ If si Pogi nag-render ng services kay
dapat taken AS A WHOLE
Ganda. Inayos ni Pogi ang bahay ni
Ganda. Hindi nila napag-usapan ang
price for Pogi.

1375 TWO OR MORE -​ The amount should be made


customary to the services rendered,
SIGNIFICATIONS/ CUSTOMARY SA PLACE ni Ganda
na presyo.
MEANINGS
-​ Words should be connected to the 1377 OBSCURE
nature and object of the contract
-​ If a word is susceptible of 2 OR WORDS
MORE MEANINGS: it is understood
by the most in keeping with nature
●​ Applicable in CONTRACT OF
and object of the contract
ADHESION
-​ Intention of the parties must prevail

-​ OBSCURE = UNCLEAR =
AMBIGUOUS
-​ The person at fault or who used
words with obscurity, he should be
the one responsible
-​ Obscured terms/clauses
-​ Contract will be construed against
him, in favor of the other party

CONTRACT OF INSURANCE: strictly


against the insurer
-​ Lahat ng nag-prepare ng
insurance ay si insurer, si insuree
ay pipirma lang naman or for
adhesion
-​ Contract of insurance: kung ayaw
o gusto (STRICTLY AGAINST THE
INSURER)

★​ Kumbaga, if there are any obscurity,


dapat against sa GUMAWA NG
CONTRACT (strictly against him)

1378 IMPOSSIBLE TO
SETTLE DOUBTS
-​ Doubts refer to incidental
circumstances: gratuitous,
onerous, principal object of the
contract

In this article, it provides rules in situations


where rules for Articles 1370-1377 do not
apply. There are still doubts that exist. In
these cases, the incidental circumstances
should be taken into
consideration—whether the doubt refers to
a gratuitous contract, an onerous contract,
or a principal object of the contract.

For doubts referring to gratuitous contracts,


the doubts shall be settled through an
interpretation that there is transmission of
rights and interests from one party to
another.

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