Article 1306 Flashcards
VALID CONTRACTS
•Are those that meet all the legal requirements and limitations for the type of agreement involved and are, therefore, legally binding and enforceable.
FREEDOM TO CONTRACT
•The right to enter into contract is one of the liberties guaranteed to the individual by the Constitution.
LIMITATIONS
- LAW - a fundamental requirement.
* POLICE POWER - when the law is silent, the will of the contracting parties prevail
MUST NOT BE CONTRARY TO LAW
•Law is superior to contracts.
MUST NOT BE CONTRARY TO MORALS
•Deals with norms of goods and right conduct evolved in the community.
MUST NOT BE CONTRARY TO GOOD CUSTOMS
•Habits and practices which through long usage have been followed.
MUST NOT BE CONTRARY TO PUBLIC ORDER
•Refers principally to public safety and public wealth.
MUST NOT BE CONTRARY TO PUBLIC POLICY
•May refer not only to public safety but also to considerations which are moved by the common good.