Article 1312-1317 Flashcards

1
Q

THIRD PERSONS BOUND BY REAL RIGHT

A

•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.

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2
Q

RIGHT OF THE CREDITOR TO IMPUGN CONTRACTS INTENDED TO DEFRAUD THEM

A

•Contracts take effect only between the parties. The creditor is given the right to impugn the contracts of his debtor to defraud him.

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3
Q

INDUCEMENT BY THIRD PERSON

A

•When a stranger to a contract can be sued for damages for his unwarranted interference with the contract.

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4
Q

CLASSIFICATION OF CONTRACTS ACCORDING TO PERFECTION

A

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

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5
Q

STAGES IN THE LIFE OF A CONTRACT

A
  • Preparation or Negotiation
  • Perfection or Birth
  • Communication or Termination
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6
Q

CONSENSUAL CONTRACTS PERFECTED

A
  • By mere consent.
  • Obligatory in whatever form they may have been entered into provided all the essential requisites for their validity are present.
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7
Q

REAL CONTRACTS PERFECTED

A

•Perfected by the delivery, actual or constructive, of the object of the obligation.

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8
Q

SOLEMN CONTRACTS PERFECTED

A

•To be perfected, law requires it to be in some kind of form to be valid. (public instrument)

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9
Q

EFFECT OF PERFECTION OF THE CONTRACT

A

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.

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10
Q

WHEN A PERSON IS BOUND BY THE CONTRACT OF ANOTHER

A
  • Person entering must be duly authorized

* Must act within his power

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