BLAW 21

67 flashcardsby Gerous
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1
It is one which is not subject to any condition and no specific date is mentioned for its fulfillment and is, therefore, immediately demandable.
Pure Obligation
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It is one whose consequences are subject in one way or another to the fulfillment of a condition.
Conditional Obligation
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It is a future and uncertain event, upon the happening of which, the acquisition or extinguishment of an obligation (or right) subject to it depends.
Condition
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In order to constitute an event as a condition, it is not enough that it be future; it must also be uncertain. The first paragraph of Article 1179 obviously uses the disjunctive "or" between "future" and "uncertain" to distinguish pure obligation from both the conditional obligation and one with a period. Be that as it may, the word "or" should be "and."
Future and uncertain
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A condition may refer to a past event unknown to the parties. (infra.) If it refers to a future event, both its very occurrence and the time of such occurrence must be uncertain; otherwise, it is not a condition.
Past but unknown.
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Characteristics of a condition.
1. Future and uncertain
2. Past but unknown
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Two principal kinds of condition
1. Suspensive condition
2. Resolutory condition
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(condition precedent or condition antecedent) or one the fulfillment of which will give rise to an obligation (or right). In other words, the demandability of the obligation is suspended until the
happening of the uncertain event which constitutes the condition.
Suspensive condition
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(condition subsequent) or one the fulfillment of which will extinguish an obligation (or right) already existing.
Resolutory condition
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In obligations subject to asuspensive condition, the acquisition of rights by the creditor depends upon the happening of the event which constitutes the condition
Acquisition of rights
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In obligationssubject to a resolutory condition, the happening of the event which constitutes the condition produces theextinguishment or loss of rights already acquired.
Loss of rights already acquired
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Enumerate seven Classifications of condition.
(1) As to effect
(2) As to form
(3) As to possibility
(4) As to cause or origin
(5) As to mode
(6) As to numbers
(7) As to divisibility
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As to effect
Suspensive
Resolutory
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As to form
Express
Implied
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As to possibility
Possible
Impossible
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As to cause or origin
Potestative
Casual
Mixed
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As to mode
Positive
Negative
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As to numbers
Conjunctive
Disjunctive
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As to divisibility
Divisible
Indivisible
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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 1305
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It lays emphasis on the meeting of minds between two (2)contracting parties which takes place when an offer by one (1)party is accepted by the other. (Art. 1319.) In a contract, one(1) or more persons bind himself or themselves with respect toanother or others, or reciprocally, to the fulfillment of anobligation to give, to do, or to render service or to refrain fromdoing some particular thing (see Art. 1156.)
Contract
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What are the eleven Classifications of contract
(1) According to name or designation
(2) According to perfection
(3) According to cause
(4) According to form
(5) According to obligatory force
(6) According to person obliged
(7) According to risks
(8) According to liability
(9) According to status
(10) According to dependence to another contract
(11) According to dependence of part of contract to other parts.
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According to name or designation
(a) Nominate; and
(b) Innominate. (see Art. 1307.)
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According to perfection
(a) Consensual; and
(b) Real. (see Arts. 1315, 1316.)
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According to cause
(a) Onerous;
(b) Remuneratory or remunerative; and
(c) Gratuitous. (see Art. 1350.)
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According to form
(a) Informal, common or simple; and
(b) Formal or solemn. (see Art. 1356.)
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According to obligatory force
(a) Valid (see Art. 1306.):
(b) Rescissible (Chap. 6.);
(c) Voidable (Chap. 7.);
(d) Unenforceable (Chap. 8.); and
(e) Void or inexistent. (Chap. 9.)
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According to person obliged
(a) Unilateral; and
(b) Bilateral. (see Art. 1191.
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According to risks
(a) Commutative
(b) Aleatory
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According to liability
(a) Unilateral
(b) Bilateral
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According to status
(a) Executory
(b) Executed
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According to dependence to another contract
(a) Preparatory
(b) Accessory
(c) Principal
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According to dependence of part of contract to other parts
(a) Indivisible
(b) Divisible
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the happening of which gives rise to the obligation
Classifications of condition under As to effect which is:

Suspensive
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the happening of which extinguishes the obligation.
Classifications of condition under As to effect which is:

Resolutory
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the condition is clearly stated
Classifications of condition under As to form which is:

Express
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the condition is merely inferred.
Classifications of condition under As to form which is:

Implied
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the condition is capable offulfillment, legally and physically;
Classifications of condition under As to possibility which is:

Possible
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the condition is not capable of fulfillment, legally or physically.
Classifications of condition under As to possibility which is:

Impossible
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the condition depends uponthe will of one of the contracting parties
Classifications of condition under As to cause or origin which is:

Potestative
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the condition depends upon chance upon the will of a third person
Classifications of condition under As to cause or origin which is:

Casual
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the condition depends partly uponchance and partly upon the will of a thirdperson.
Classifications of condition under As to cause or origin which is:

Mixed
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the condition consists in theperformance of an act;
Classifications of condition under As to mode which is:

Positive
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the condition consists in theomission of an act.
Classifications of condition under As to mode which is:

Negative
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there are several conditions and all must be fulfilled;
Classifications of condition under As to numbers which is:

Conjunctive
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there are several conditions and only one or some of them must befulfilled.
Classifications of condition under As to numbers which is:

Disjunctive
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the condition is susceptible of partial performance;
Classifications of condition under As to divisibility which is:

Divisible
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the condition is not susceptible of partial performance.
Classifications of condition under As to divisibility which is:

Indivisible
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(e.g., sale, lease), when the undertaking of one party is considered the equivalent of that of the other;
Classifications of contract under According to risks which is:

Commutative
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(e.g., insurance, sale of hope), whenit depends upon an uncertain event or contingency both as to benefit or loss.
Classifications of contract under According to risks which is:

Aleatory
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(e.g., commodatum, gratuitous deposit), when it creates an obligation on the part of only one of the parties;
Classifications of contract under According to liability which is:

Unilateral
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(e.g., sale, lease), when it gives rise to reciprocal obligations for both parties.
Classifications of contract under According to liability which is:

Bilateral
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when it has not yet been completely performed by both parties;
Classifications of contract under According to status which is:

Executory
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when it has been fully and satisfactorily carried out by both parties
Classifications of contract under According to status which is:

Executed
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(e.g., agency, partnership), when it is entered into as a means to an end;
Classifications of contract under According to dependence to another contract which is:

Preparatory
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(e.g., mortgage, guaranty), when it is dependent upon another contract it secures or guarantees for its existence and validity;
Classifications of contract under According to dependence to another contract which is:

Accessory
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(e.g., sale, lease), when it does not depend for its existence and validity uponanother contract but is an indispensable condition for the existence of an accessory contract
Classifications of contract under According to dependence to another contract which is:

Principal
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(or entire) (e.g., sale of a dining room table and 8 matching chairs), when each part of the contract is dependent upon the other parts for satisfactory performance;
Classifications of contract under According to dependence of part of contract to other
parts which is:

Indivisible
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(e.g., sale of rocking chair and a pairof shoes), when one part of the contract may be satisfactorily performed independently of the other parts. (see Arts. 1223-1225.)
Classifications of contract under According to dependence of part of contract to other
parts which is:

Divisible
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are those that meet all the legal requisites for the type of agreement involved (see Art. 1318.)
and the limitations on contractual stipulation (Art. 1306.) and are, therefore, legally binding and enforceable.
Valid contracts
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It refers to the manner in which a contract is executed or manifested.
Form of contract
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It is generally recognized that to be a written contract, all its terms must be in writing. So, a contract partly in writingand partly oral is, in legal effect, an oral contract.
When contract considered in written form
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Two Classifications of contracts according to form
(1) Informal or common or simple contract
(2) Formal or solemn contract
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that which may be entered into in whatever form provided all theessential requisites for their validity are present. (Art. 1356.) This refers only to consensual contracts (Art. 1356.), such as the contract of sale. An informal contract may be oral or written and, in fact, may evenbe implied from the conduct of the parties;
Informal or common or simple contract
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or that which is required bylaw for its efficacy to be in a certain specified form.
Formal or solemn contract
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It is that remedy allowed by law by means of which a written instrument is amended or rectified so as toexpress or conform to the real agreement or intention of the parties when by reason of mistake, fraud, inequitable conduct,or accident, the instrument fails to express such agreement orintention.
Reformation
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State Requisites of reformation
(1) There is a meeting of the minds of the parties to the contract;
(2) The written instrument does not express the trueagreement or intention of the parties;
(3) The failure to express the true intention is due tomistake, fraud, inequitable conduct (i.e., any act oromission which is unjust or unfair), or accident;
(4) The facts upon which relief by way of reformation of the instrument is sought are put in issue by thepleadings; and
(5) There is clear and convincing evidence (which is morethan mere preponderance of evidence) of the mistake, fraud, inequitable conduct, or accident.
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