Article 1307-1311

Question 1

NOMINATE CONTRACT

Answer 1

•That which has a specific name (commodatum, lease, sale, etc.)

Question 2

INNOMINATE CONTRACT

Answer 2

•Has no specific name or designation in law.

Question 3

KINDS OF INNOMINATE CONTRACT

Answer 3

• do ut des
• do ut facias
• facto ut des
• facto ut facias

Question 4

RULES GOVERNING INNOMINATE CONTRACTS

Answer 4

• the agreement of the parties
• the provisions of the Civil Code on obligations and contracts
• the rules governing the most analogous contracts
• the customs of the place

Question 5

CONTRACT BINDS BOTH CONTRACTING PARTIES

Answer 5

•It is a fundamental rule that no party can renounce or violate the law of the contract without the consent of the other.

Question 6

DETERMINATION OF PERFORMANCE BY A THIRD PERSON

Answer 6

•The compliance of the contract cannot be left to the will of one of the contracting parties. However the determination of the performance may be left to a third person.

Question 7

INEQUITABLE

Answer 7

•The contracting party is not bound by the determination if it is evidently inequitable or unjust as when the third person acted in bad faith or by mistake.

Question 8

GENERAL RULE (Persons affected by the contract)

Answer 8

A party’s rights and obligations derived from a contract are transmissible to the successors.

Question 9

EXCEPTIONS:

Answer 9

• by their nature
• by stipulation
• by provision of law

Question 10

THIRD PERSON

Answer 10

•One who has not taken part in a contract and is, therefore, a stranger to the contract.

Question 11

CASES WHEN A THIRD PERSON MAY BE AFFECTED BY A CONTRACT

Answer 11

• Stipulation pour autrui
• Contracts creating real rights
• Contracts entered into to defraud creditors
• Contracts violated at the inducement of a third person

Question 12

STIPULATION POUR AUTRUI

Answer 12

•A stipulation in a contract clearly and deliberately conferring a favor upon a third person who has a right to demand its fulfillment provided he communicates his acceptance to the obligor before its revocation by the obligee or the original parties.

Question 13

CLASSES OF STIPULATION POUR AUTRUI

Answer 13

• Intended for the sole benefit of such person.

* Due from the promise to the third person which the former seeks to discharge by means of such stipulation

Question 14

REQUISITES OF STIPULATION POUR AUTRUI

Answer 14

• The contracting parties by their stipulation must have clearly and deliberately conferred a favor upon a third person
• The third person must have communicated his acceptance to the obligor before its revocation by the obligee
• The stipulation in favor of the third person should be a part and not the whole of the contract
• The favorable stipulation should not be conditioned or compensated by any kind of obligation whatever
• Neither of the contracting parties bears the legal representation or authorization of the third party.