Scribd Logo
Upload

Welcome to Scribd!

  • 36 views

    Liability of Heirs

    Uploaded by

    Jhoel Villafuerte
    Contracts require the meeting of the minds between two parties where one party binds themselves to give something or render a service to the other party. There are three stages of contracts: generation during negotiation, perfection when the parties agree to terms, and consummation when the terms are fulfilled. Contracts must have mutuality where both parties are bound, autonomy allowing parties to establish terms unless unlawful, and relativity where contracts only apply between contracting parties. Consent is also essential, requiring offer and acceptance to form a binding agreement.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Liability of Heirs

    Uploaded by

    Jhoel Villafuerte
    36 views2 pages
    Contracts require the meeting of the minds between two parties where one party binds themselves to give something or render a service to the other party. There are three stages of contracts: generation during negotiation, perfection when the parties agree to terms, and consummation when the terms are fulfilled. Contracts must have mutuality where both parties are bound, autonomy allowing parties to establish terms unless unlawful, and relativity where contracts only apply between contracting parties. Consent is also essential, requiring offer and acceptance to form a binding agreement.

    Original Description:

    Reviewer

    Original Title

    Contracts

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Contracts require the meeting of the minds between two parties where one party binds themselves to give something or render a service to the other party. There are three stages of contracts: generation during negotiation, perfection when the parties agree to terms, and consummation when the terms are fulfilled. Contracts must have mutuality where both parties are bound, autonomy allowing parties to establish terms unless unlawful, and relativity where contracts only apply between contracting parties. Consent is also essential, requiring offer and acceptance to form a binding agreement.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    36 views2 pages

    Liability of Heirs

    Uploaded by

    Jhoel Villafuerte
    Contracts require the meeting of the minds between two parties where one party binds themselves to give something or render a service to the other party. There are three stages of contracts: generation during negotiation, perfection when the parties agree to terms, and consummation when the terms are fulfilled. Contracts must have mutuality where both parties are bound, autonomy allowing parties to establish terms unless unlawful, and relativity where contracts only apply between contracting parties. Consent is also essential, requiring offer and acceptance to form a binding agreement.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Contracts

    Meaning-1305. A contract is the meeting of the mind between two persons where one binds himself, with respect to
    the other, to give something or to render some service.

    Stages of Contracts (GPC)

    Generation- It is the period of negotiation or bargaining and ends when the parties comes to an agreement.

    Perfection- the moment when the parties agreed on the terms of the contract

    Consumation- it is the fulfillment or performance of the terms agreed upon in the contract.

    Characteristics of contracts (MARCO)

    Mutuality of Contracts-The contract must bind both contracting parties; its validity or compliance cannot be left to the
    will of one of them.

    The validity or fulfillment of the contract may be left on the (1) will of a 3rd person, whose decision shall not be
    binding until made known to both contracting parties, or (2) chance.

    Autonomy of Contracts – The contracting parties may establish such stipulation, clause, terms and condition as they
    may deem convenient, provided that it is not contrary to law, morals, good customs, public order or public policy.

    Relativity of Contracts (Effectivity)– Contracts take effect only between the contracting parties, their assigns or heirs
    except when the rights and obligations arising from the contract are not transmissible by their nature, by stipulations or
    by provision of law.

    *liability of heirs

    Exceptions (Where contracts may affect third persons)

    1. A stipulation in favor of a third person (Stipulation pour autrui)


    Requisites:(SPFCCA)
    a. There must be a Stipulation in favor of a third person.
    b. The stipulation must be in Part, not the whole of the contract.
    c. The contracting parties must have clearly and deliberately conferred a Favor upon a third person, not a
    mere incidental benefit or interest.
    d. The favorable stipulation must not be Condition or compensated by any kind of obligation thereof
    e. The third person must have Communicated his acceptance to the obligor before its revocation
    f. Neither of the contracting parties bears the legal representation or Authorization of the third party.
    2. When a third person comes into possession of the object of the contract creating real rights.
    3. Where the contract is entered into in order to defraud a creditor.
    4. Where the third person induces a contracting party to violate his contract. Such third party can be held liable for
    damages. (Tortious Interference)
    Requisites: EKI
    a. The Existence of a valid contract.
    b. Knowledge on the part of the third person of such contract
    c. Interference by the third peron without legal justification or excuse
    Consensuality of contracts- Contracts are perfected by mere consent, and from that moment, the parties are bound to
    the fulfillment of what has been expressly stipulated and to all consequences which, according to their nature may be in
    keeping with good faith, usage and law. (HOW ARE CONTRACTS PERFECTED)

    Exception:

    (a) Real Contracts – are not perfected until the delivery of the object of the obligation
    (b) Formal Contracts – when there’s formality needed.

    May a person enter into a contract for another?

    Answer: No one. Except:

    (a) When he is authorized by the other party


    (b) When he has, by law, a right to represent him.

    #It is the duty of the agent to act within the authority given. If he acted beyond his powers, the contract he entered into
    is UNENFORCEABLE, unless ratified by the principal.

    Obligatory force of contracts- Obligations arising from contracts have the force of law between the contracting parties
    and should be complied with in good faith.

    ESSENTIAL REQUISITES OF CONTRACTS

    There is no contract unless the following contracts concur:(COC)

    1. Consent of the contracting parties


    2. Object certain which is the subject matter of the contract
    3. Cause of the obligation which is established

    CONSENT

    (concurrence of the wills of contracting parties with respect to the object and the cause which shall constitute the
    contract)

    Requisites:

    1. Must be manifested by the concurrence of the offer and acceptance


    Offer-must be certain Acceptance-must be absolute
    *Counter offer-qualified acceptance must be accepted to have a contract of sale.

    You might also like