Article 1307

Question 1

ART 1307 states that

Answer 1

Innominate contracts shall be regulated by the stipulations of the parties, by the provisions of titles I and II of this Book, by the rules governing the most analogous nominate contracts and by the customs of the place.

Question 2

Classification of contracts according to its name or designation

Nominate Contract

There are 2

Answer 2

• That which has a specific name or designation in law (ex. lease, agency, sale)

Question 3

Classification of contracts according to its name or designation

Innominate Contract

There are 2

Answer 3

• That which has no specific name or designation in law.

Question 4

Kinds of innominate contract

There are 3

do ut des is now given a name called

Answer 4

• Do ut facias ( I give that you may do)
• facto ut des ( I do that you may give)
• facto ut facias ( I do that you may do)

barter or exchange

Question 5

Reaons for innominate contracts

The impossibility of anticipating all forms of agreement on one hand, _______________

Answer 5

and the progress of man’s sociological and economic relationships on the other, justify this provision

Question 6

Reaons for innominate contracts

A contract will not, therefore, be considered invalid for failure to confrom strictly _____________

Answer 6

to the standard contracts outlined in the Civil Code. It is sufficient that it has all the elements of a valid contract (ART 1318, 1356)

Question 7

Rules governing innominate contracts

Innominate contracts shall be governed by

there are 4

Answer 7

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