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Overview of Obligation and Contract Law

This document summarizes key points of Philippine law regarding obligations and contracts: - Contracts create legal obligations and can be established as long as their terms are not contrary to law, morals, public order, or public policy. - Inominate contracts are those not designated in the Civil Code and are classified based on similarities to other contracts. They include barter, employment, and contracts where both parties have obligations. - Contracts must have a clear objective; those without may be considered void. Extraordinary diligence may be required if a contract carries a high risk of breach. - Third parties not involved in a contract can still influence it by setting standards or providing defenses. Contracts create

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Nicole Agosto
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70 views2 pages

Overview of Obligation and Contract Law

This document summarizes key points of Philippine law regarding obligations and contracts: - Contracts create legal obligations and can be established as long as their terms are not contrary to law, morals, public order, or public policy. - Inominate contracts are those not designated in the Civil Code and are classified based on similarities to other contracts. They include barter, employment, and contracts where both parties have obligations. - Contracts must have a clear objective; those without may be considered void. Extraordinary diligence may be required if a contract carries a high risk of breach. - Third parties not involved in a contract can still influence it by setting standards or providing defenses. Contracts create

Uploaded by

Nicole Agosto
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as TXT, PDF, TXT or read online on Scribd

LAW ON OBLIGATION AND CONTRACT

[Link]
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Contracts (art. 1305)- Contracts create an obligation, liability, or cause of
action.
Contract is a legal right while agereement.
Dbt is an example of personal obligation.
While as a creditor is is real.
CONSENT.
pre-judicial- Agrabyado ang employer.
contrata 'yung sale or bentahan. (mag-aapply 'yung contract or law)

ARTICLE 1306- Pwedeng pumasok sa kahit na anong contract basta hindi labag sa
batas. (moral, good custom, public Order- kaayusan, public policies- government)
The contracting parties may establish such stipulations, clauses terms and
conditions as may deem convenient, provided they are not contrary to law, morals,
good customs, public order, or public policy. (1255a)

PUBLIC ORDERS- Rights

Parakineme- walang makukuha sa both parties.

Inominate contracts (1307)- kontrata na walang particular designation sa civil


code.
- Hindi sya pwedeng madesignate, hindi maclassify pag di naclassify hindi alam kung
anong contract ang iaapply.
- Kung merong pagkakatulad sa ibang civil code or pinaka malapit (?)
ex. barter walang law about dyan pero may pinaka malapit which is in sales.
HAS 4 CLASSIFICATION
- I give that you give- (barter
- I give that you do (employment contracts)
- I do that to may give (may gagawin at the same time may ibibigay sa'yo)
- May gagawin yung isa, tapos may gagawin rin 'yung isa.

*Kapag walang object ang contract, the contract can be void.


- Kpag non-objective (hindi pwedeng ibenta) pwede 'yun yung maging border
- Hindi lahat ng lupa may titulo pero may tax ammelioration.

Art. 1309
Extraordinary Diligence- may possibility na ma breach 'yung contract.
Ordinary Diligence-
Kapag extra-ordinary ang contract tapos ordinary ang pinapagawa, pwedeng mabreach
'yung ocntract.

*Dapat nagkakar
LEAST OF SERVICES:

third- person
- wala naman sila dun sa contrata
- hindi succesor yung interest
- Nag se-set ng sstandard.
- Nagprovide ng depensa sa'yo
* Anyone who has a say on the contracts even though their not part of the contract.

- Usually hindi illegal na law.

The determination shall not be obligatory if it is evidently inequitable. In such


case, the courts shall decide what is equitable under the circumstances (ART.
1310)- Hindi fair. Ano yung equittable, yung pantay, yung fair ang magja-judge nun
ay hukuman.
Art 1312- ownership rights
*contracts is creating a real rights.
REAL RIGHTS- kasama mo kapag ikaw ay nagma may-ari ng isang bagay.
*Right to abuse- Kung may nilabag kang batas, pwedeng kunin ng government
*Right to the fruits- kapag naproduce ng pag-aari mo.
- Kung kanina man nalipat yung property or pag-aari mo, edi nabenta na, tapos may
usapan kayo, it should be follow.(bound by the contracts that is bound into your
property)
- The only way na mabreach ;'yung contract kung ide-declare mo syang void. You
can't practical distinguished. You need to do it for it to be breached.
If hindi nagawa edi sampa ng kaso.

MORTGAGE LAW
- Batas tungkol sa pagsasanla na nasa civil code
LAND REGISTRATION
- Pagpapa rehistro ng lupa.
REAL PROPERTY CAN BE REGISTERED OR NOT ( when registered can get a higher price or
amount.

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