In the Philippines, Article 1156 is part of the Civil Code of the Philippines, which governs various
aspects of civil law, including contracts and obligations. Article 1156 states:
"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."
This article essentially lays down the principle of freedom of contract, allowing parties to enter
into agreements with terms and conditions of their choosing as long as they do not violate
certain fundamental principles of law and public policy. It emphasizes the importance of parties'
autonomy in contracting while also recognizing limits to this autonomy to ensure fairness,
legality, and public welfare.
Certainly! Article 1156 of the Civil Code of the Philippines is a fundamental provision that
establishes the framework for contractual relationships in the country. Here's a more detailed
breakdown:
1. **Freedom of Contract**: The article emphasizes the principle of freedom of contract, which
means that parties are generally free to enter into agreements on terms and conditions that they
find suitable.
2. **Scope of Stipulations**: It allows the contracting parties to establish stipulations, clauses,
terms, and conditions as they see fit. This means that parties have considerable flexibility in
defining the terms of their agreements.
3. **Limitations**: However, the article also sets limitations on this freedom. The stipulations,
clauses, terms, and conditions established by the parties must not be contrary to:
- **Law**: They cannot violate existing laws or regulations.
- **Morals**: They must align with accepted principles of morality.
- **Good Customs**: They must not contravene established customs or norms.
- **Public Order**: They must not disrupt public order or public peace.
- **Public Policy**: They must not be against public policy, which includes principles of justice,
equity, and societal welfare.
4. **Balance of Autonomy and Public Interest**: Article 1156 seeks to strike a balance between
the autonomy of individuals or entities in contracting and the broader public interest. While
parties are given freedom in contract-making, this freedom is circumscribed by considerations of
fairness, legality, and the common good.
5. **Legal Framework for Contracts**: This provision forms the legal foundation for contractual
relationships in the Philippines. It guides parties in crafting agreements while ensuring that
those agreements are consistent with legal and societal norms.
Overall, Article 1156 plays a crucial role in shaping the legal landscape of contracts in the
Philippines, providing both freedom and limitations to parties in their contractual dealings.