Article 1306 Flashcards

1
Q

VALID CONTRACTS

A

•Are those that meet all the legal requirements and limitations for the type of agreement involved and are, therefore, legally binding and enforceable.

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2
Q

FREEDOM TO CONTRACT

A

•The right to enter into contract is one of the liberties guaranteed to the individual by the Constitution.

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3
Q

LIMITATIONS

A
  • LAW - a fundamental requirement.

* POLICE POWER - when the law is silent, the will of the contracting parties prevail

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4
Q

MUST NOT BE CONTRARY TO LAW

A

•Law is superior to contracts.

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5
Q

MUST NOT BE CONTRARY TO MORALS

A

•Deals with norms of goods and right conduct evolved in the community.

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6
Q

MUST NOT BE CONTRARY TO GOOD CUSTOMS

A

•Habits and practices which through long usage have been followed.

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7
Q

MUST NOT BE CONTRARY TO PUBLIC ORDER

A

•Refers principally to public safety and public wealth.

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8
Q

MUST NOT BE CONTRARY TO PUBLIC POLICY

A

•May refer not only to public safety but also to considerations which are moved by the common good.

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