Article 1158 - 1159 Flashcards
Obligations derived from law are not presumed. Only those expressly determined in the Code or in special laws are demandable, and shall be regulated by the precepts of the law which establishes them; and as to what has not been foreseen, by the provisions of this book.
Article 1158
Refers to the legal obligations or obligations arising from law. They are not presumed because they are considered a burden upon the obligor. They are the same exception, not the rule, To be demandable, they must be clearly set forth in the law.
Article 1168
Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith
Article 1159
Meaning of Contract
Is a meeting of minds between 2 or more persons whereby one binds himself, with respect to the other, to give something or to render some service (Art. 1305)
What type of obligations does Article 1159 talk about?
Contractual Obligations
Contracts have the same binding effect of Obligations imposed by laws. True or False?
True
A contract is valid if it is not contrary to law, morals, good customs, public order, and public policy.
Requirements of a valid contract
A _________ only takes place when a party fails or refuses to comply, without legal reason or justification.
breach of contract
Compliance in good faith
means compliance or performance in accordance with the stipulations or terms of the contract or agreement. Sincerity and honesty must be observed to prevent on party from taking unfair advantage over the other.