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Civil Code II

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Allyson Exconde
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27 views20 pages

Civil Code II

Uploaded by

Allyson Exconde
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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TITLE II

CONTRACTS
Article 1305. A contract is a meeting of
minds between two persons whereby one
binds himself, with respect to the other, to
give something or to render some service.
Article 1306. 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.
Article 1318. There is no contract unless the
following requisites concur:

1 Consent of the contracting parties;

Object certain which is the subject


2 matter of the contract;

Cause of the obligation which is


3 established.
Art. 1347. All things which are not outside
the commerce of men, including future
things, may be the object of a contract. All
rights which are not intransmissible may
also be the object of contracts.

All services which are not contrary to law,


morals, good customs, public order or public
policy may likewise be the object of a
contract.
Art. 1348. Impossible things or services cannot be
the object of contracts.
SECTION 3
CAUSE OF CONTRACTS

Art. 1350. In onerous contracts the cause is


understood to be, for each contracting party, the
prestation or promise of a thing or service by the
other; in remuneratory ones, the service or benefit
which is remunerated; and in contracts of pure
beneficence, the mere liberality of the benefactor.
CHAPTER 4
REFORMATION OF INSTRUMENTS
Art. 1359. When, there having been a meeting of the minds
of the parties to a contract, their true intention is not
expressed in the instrument purporting to embody the
agreement, by reason of mistake, fraud, inequitable
conduct or accident, one of the parties may ask for the
reformation of the instrument to the end that such true
intention may be expressed. If mistake, fraud, inequitable
conduct, or accident has prevented a meeting of the minds
of the parties, the proper remedy is not reformation of the
instrument but annulment of the contract.
CHAPTER 5
INTERPRETATION OF CONTRACTS

Article 1370. If the terms of a contract are clear


and leave no doubt upon the intention of the
contracting parties, the literal meaning of its
stipulations shall control.
CHAPTER 5
INTERPRETATION OF CONTRACTS

Article 1377. The interpretation of obscure words


or stipulations in a contract shall not favor the
party who caused the obscurity.
CHAPTER 6
RESCISSIBLE CONTRACTS

Art. 1385. Rescission creates the obligation to return the things


which were the object of the contract, together with their fruits,
and the price with its interest; consequently, it can be carried out
only when he who demands rescission can return whatever he
may be obliged to restore.
Neither shall rescission take place when the things which are
the object of the contract are legally in the possession of third
persons who did not act in bad faith. In this case, indemnity for
damages may be demanded from the
person causing the loss.
CHAPTER 7
VOIDABLE CONTRACTS
Art. 1390. The following contracts are voidable or
annullable, even though there may have been no damage to
the contracting parties:

Those where one of the parties is incapable of giving


1 consent to a contract;

Those where the consent is vitiated by mistake,


2 violence, intimidation, undue influence or fraud.
SECTION 3
CONTRACT FOR A PIECE OF WORK
Art. 1723. The engineer or architect who drew up
the plans and specifications for a building is liable
for damages if within fifteen years from the
completion of the structure, the same should
collapse by reason of a defect in those plans and
specifications, or due to the defects in the ground.
The contractor is likewise responsible for the
damages if the edifice falls, within the same period,
on account of defects in the construction or the use
of materials of inferior quality furnished by him, or
due to any violation of the terms of the contract.
SECTION 3
CONTRACT FOR A PIECE OF WORK

Art. 1723. (continuation)


If the engineer or architect supervises the
construction, he shall be solidarily liable with the
contractor. Acceptance of the building, after
completion, does not imply waiver of any of the
cause of action by reason of any defect mentioned
in the preceding paragraph. The action must be
brought within ten years following the collapse of
the building.
CHAPTER 8
UNENFORCEABLE CONTRACTS

Art. 1403. The following contracts are


unenforceable, unless they are ratified:

(1) Those entered into in the name of


another person by one who has been given
no authority or legal representation, or who
has acted beyond his powers;
CHAPTER 9
VOID AND INEXISTENT CONTRACTS

Art. 1409. The following contracts are inexistent and void


from the beginning:
Those whose cause, object or purpose is contrary to law, morals,
1 good customs, public order or public policy;

2 Those which are absolutely simulated or fictitious;

Those whose cause or object did not exist at the time of


3
the transaction;
CHAPTER 9
VOID AND INEXISTENT CONTRACTS
Art. 1409. The following contracts are inexistent and void
from the beginning:

4 Those whose object is outside the commerce of men;

5 Those which contemplate an impossible service;

Those where the intention of the parties relative to the


6
principal object of the contract cannot be ascertained;

7 Those expressly prohibited or declared void by law.


TITLE XIV
CHAPTER 1-COMPROMISES

Art. 2028. A compromise is a contract whereby the


parties, by making reciprocal concessions, avoid a
litigation or put an end to one already commenced.
CHAPTER 3
OTHER KINDS OF DAMAGES

SECTION 3
LIQUEDATED DAMAGES
Art. 2226. Liquidated damages are those agreed
upon by the parties to a contract, to be paid in case
of breach thereof.
END OF PRESENTATION.

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