Article 1312-1317 Flashcards
THIRD PERSONS BOUND BY REAL RIGHT
•Third persons who come into possession of the object of a contract over which there is a real right are bound thereby even if they were not parties to the contract.
RIGHT OF THE CREDITOR TO IMPUGN CONTRACTS INTENDED TO DEFRAUD THEM
•Contracts take effect only between the parties. The creditor is given the right to impugn the contracts of his debtor to defraud him.
INDUCEMENT BY THIRD PERSON
•When a stranger to a contract can be sued for damages for his unwarranted interference with the contract.
CLASSIFICATION OF CONTRACTS ACCORDING TO PERFECTION
Consensual Contract - perfected by mere contract.
Real Contract - is perfected by the delivery of the thing subject matter of the contract.
Solemn Contract - requires compliance with certain formalities prescribed by law
STAGES IN THE LIFE OF A CONTRACT
- Preparation or Negotiation
- Perfection or Birth
- Communication or Termination
CONSENSUAL CONTRACTS PERFECTED
- By mere consent.
- Obligatory in whatever form they may have been entered into provided all the essential requisites for their validity are present.
REAL CONTRACTS PERFECTED
•Perfected by the delivery, actual or constructive, of the object of the obligation.
SOLEMN CONTRACTS PERFECTED
•To be perfected, law requires it to be in some kind of form to be valid. (public instrument)
EFFECT OF PERFECTION OF THE CONTRACT
Parties are bound not only-
•to the fulfillment of what has been expressly stipulated
•to all the consequences which according to their nature, may be in keeping with good faith, usage and law.
WHEN A PERSON IS BOUND BY THE CONTRACT OF ANOTHER
- Person entering must be duly authorized
* Must act within his power