Outline Law
Arts. 1305-1329
Art. 1305
Contracts- meeting of minds between two parties which takes place when anoffer by one party is accepted by the other; one or more persons bind himself or themselves with respect to another to the fulfillment of a prestation to give, to fo or not to do.
Contract and obligation distinguished: Contract | Obligation | One of the sources of obligations | Legal tie or the relation to itself that exists after a contract has been entered into. |
Contract and agreement distinguished:
Contracts are agreements enforceable through legal proceedings while agreements may be broader than a contract because contracts may not have all the elements of a contract.
Moral or social agreements- agreements which cannot be enforced by action in courts of justice.
Classifications of contract: 1) According to name or designation: a) Nominate b) Innominate 2) According to perfection: a) Consensual b) Real 3) According to cause: a) Onerous b) Remuneratory or remunerative c) Gratuitous 4) According to form: a) Informal or common b) Formal or solemn 5) According to obligatory force: a) Valid b) Rescissible c) Voidable d) Unenforceable e) Void or inexistent 6) According to person obliged: a) Unilateral b) Bilateral 7) According to dependence to another contract: a) Preparatory- entered into means as an end b) Accessory- dependent upon another contract for its existence and validity c) Principal- an indispensable condition for the existence of an accessory contract 8) According to risks: a) Commutative- undertaking of one party is considered an equivalent of another b) Aleatory- depends upon an uncertain event or contingency 9) According to liability: a) Unilateral- creats an obligation on the part of only one of the parties b) Bilateral- gives rise to reciprocal obligations for both parties
Art. 1306 * The constitutional
Art. 1305
Contracts- meeting of minds between two parties which takes place when anoffer by one party is accepted by the other; one or more persons bind himself or themselves with respect to another to the fulfillment of a prestation to give, to fo or not to do.
Contract and obligation distinguished: Contract | Obligation | One of the sources of obligations | Legal tie or the relation to itself that exists after a contract has been entered into. |
Contract and agreement distinguished:
Contracts are agreements enforceable through legal proceedings while agreements may be broader than a contract because contracts may not have all the elements of a contract.
Moral or social agreements- agreements which cannot be enforced by action in courts of justice.
Classifications of contract: 1) According to name or designation: a) Nominate b) Innominate 2) According to perfection: a) Consensual b) Real 3) According to cause: a) Onerous b) Remuneratory or remunerative c) Gratuitous 4) According to form: a) Informal or common b) Formal or solemn 5) According to obligatory force: a) Valid b) Rescissible c) Voidable d) Unenforceable e) Void or inexistent 6) According to person obliged: a) Unilateral b) Bilateral 7) According to dependence to another contract: a) Preparatory- entered into means as an end b) Accessory- dependent upon another contract for its existence and validity c) Principal- an indispensable condition for the existence of an accessory contract 8) According to risks: a) Commutative- undertaking of one party is considered an equivalent of another b) Aleatory- depends upon an uncertain event or contingency 9) According to liability: a) Unilateral- creats an obligation on the part of only one of the parties b) Bilateral- gives rise to reciprocal obligations for both parties
Art. 1306 * The constitutional