Natural Obligations
Estoppel
Cases
>
Contracts
>
Obligations
>
Home
OBLIGATIONS AND
CONTRACTS
Laguna State Polytechnic University – Juris Doctor, Class
of 2019
CHAPTER 3. FORM
OF CONTRACTS
Posted on 3 Apr 2019
CHAPTER 3. FORM OF CONTRACTS
Article 1356. Contracts shall be obligatory, in
whatever form they may have been entered
into, provided all the essential requisites for
their validity are present. However, when the
law requires that a contract be in some form
in order that it may be valid or enforceable,
or that a contract be proved in a certain way,
that requirement is absolute and
indispensable. In such cases, the right of the
parties stated in the following article cannot
be exercised.
By: Algy Riguer
Contracts are binding upon the contacting
parties in whatever form they may have been
entered into as long as all the essential
requisites for their validity are present.
Form of a contract-refers to a manner in which
a contract is executed or manifested.
When form is Essential:
1. when the law requires a form for the validity
of the contract.
2. When the law requires certain agreements to
be in writing to be enforceable, or that contracts
must be proven in a certain way.
3. When the law requires a special form.
Examples:
Beth left a note in the store of Nathy offering
Php 1,000.00 for a table Nathy is selling. The
following day Nathy called Beth by phone
accepting the offer of Beth who promised to pay
the next day.
The note and the oral acceptance constitute a
legally enforceable contact and both Beth and
Nathy are fully bound.
Article 1357. If the law requires a document
or other special form, as in the acts and
contracts enumerated in the following
article, the contracting parties may compel
each other to observe that form, once the
contract has been perfected. This right may
be exercised simultaneously with the action
upon the contract.
Home
Beautification
Contact us
for fantastic
repairs and
designs for
td
By: Rose Ann Villanueva
Kung hinihingi ng batas, ang isang dokumento o
iba pang espesyal na porma, na tulad ng gawa at
mga kontratang nabanggit sa mga sumusunod
na artikulo, ang nakikipagkontratang partido ay
maaring pilitin ang bawat isa na sundin ang
itsura hanggang sa mabuo ang kontrata. Ang
karapatan na ito ay maaaring gawin ng tuloytuloy na may pagkilos sa kontrata.
Example:
Kristia donated a real property to Bryan in a
private instrument. The donation is void.
Donation of real property is required to be in a
public instrument to be valid.
Sale of Real property orally executed is valid but
unenforceable because the law requires it to be
in writing. While exchange of land is valid
although not in writing.
Article 1358. The following must appear in a
public document:
(1) Acts and contracts which have for their
object the creation, transmission,
modification or extinguishment of real rights
over immovable property; sales of real
property or of an interest therein a governed
by Articles 1403, No. 2, and 1405;
(2) The cession, repudiation or renunciation
of hereditary rights or of those of the
conjugal partnership of gains;
(3) The power to administer property, or any
other power which has for its object an act
appearing or which should appear in a public
document, or should prejudice a third
person;
(4) The cession of actions or rights
proceeding from an act appearing in a public
document.
All other contracts where the amount
involved exceeds five hundred pesos must
appear in writing, even a private one. But
sales of goods, chattels or things in action
are governed by Articles, 1403, No. 2 and
1405.
By: Jayson Calventas
Ang sumusunod ay dapat lumitaw sa isang
pampublikong dokumento:
(1) Mga gawain at kasunduang na may layong
lumikha, maghatid, magbago o magwakas ng
mga tunay na karapatan sa hindi nalilipat na
ari-arian; mga benta ng tunay na ari-arian o ng
isang interes sa loob nito na pinamamahalaan ng
Artikulo 1403, Blg. 2, at 1405;
(2) Ang pagsasalin, pagtatakwil o pagtalikod sa
mga karapatan ng pagmamana o yaong mga
naipundar sa ilalim ng kasal;
(3) Ang kapangyarihang mangasiwa ng ariarian, o anumang iba pang kapangyarihan na
may layong gumawa ng gawaing ilalagay o
kaya’y dapat ilagay sa isang pampublikong
dokumento, o kaya’y makasasama sa ibang tao;
(4) Ang pagsasalin ng mga aksyon o mga
karapatang nagmumula sa isang gawaing
umiiral na sa isang pampublikong dokumento.
Lahat ng iba pang mga kasunduan kung saan
ang sangkot na halaga ay lampas sa limang
daang piso ay dapat nakasulat, gayon din yaong
pribado. Ngunit ang bentahan ng mga kalakal,
chattels o mga bagay sa aksyon ay
pinamamahalaan ng Artikulo, 1403, Blg. 2 at
1405.
Article 1358 NCC | speaks of…
Contracts which must appear in a public
document
The
law
does
NOT
require
the
accomplishment of certain acts OR
contracts in a public instrument in order
to validate the act OR contract
BUT ONLY to insure its efficacy so
that after the existence of the act OR
contract
has
admitted/established,
been
the
party
bound may be compelled to execute
the document.
Formal requirements are for the benefit
of third parties
for the purpose of informing as well
as binding them.
Non-compliance does NOT adversely
affect the validity of the contract
NOR the contractual rights and
obligations of the parties.
Public document/instrument
one which is acknowledged before a
notary
public
OR
any
official
authorized to administer oath, by
the person who executed the same;
any other instrument is private,
UNLESS it becomes part of an
official record and is certified by a
public officer duly authorized by
law
Article 1358 NCC | example:
As security for his debt, Ryan mortgaged
his land to Elsa.
The mortgage must appear in a public
document.
The extinguishment of the mortgage,
upon payment of the debt by Ryan, must
likewise appear in a public document.
Author:
Laguna State Polytechnic
University
VIEW ALL POSTS
Previous Post
CHAPTER 2. ESSENTIAL
REQUISITES OF CONTRACTS
Next Post
CHAPTER 4. REFORMATION
OF INSTRUMENTS
Leave a comment
Website Built with WordPress.com.
Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use.
To find out more, including how to control cookies, see here: Cookie Policy
Close and accept