Ch. 6 - Essential Requisites of Contracts Flashcards
(Art. 1318) There is no contract unless the following requisites concur:
- Consent of the contracting parties;
- Object certain of which is the subject matter of the contract
- Cause of the obligation which is established
What are essential elements?
Are those without which there can be no contract
Essential elements are subdivided into?
a. Common (comunes)
b. Special (especiales)
c. Extraordinary or peculiar (Especialisimos)
What are common elements?
Are those which present in all contracts
What are special elements?
Those present only in certain contracts
What are extraordinary or peculiar elements?
Are those which are peculiar to a specific contract
What are natural elements?
are those which are derived from the nature of the contract and ordinarily accompany the same. They are presumed by the law, although they can be excluded by the contracting parties if they so desire.
What are accidental elements?
are those which exist only when the parties expressly provide for them for the purpose of limiting or modifying the normal effects of the contract
(Art. 1319) Consent is manifested by
the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract.
(Art. 1319) The offer must be certain and
the acceptance absolute.
(Art. 1319) A qualified acceptance constitutes
a counter-offer
(Art. 1319) Acceptance made by letter or telegram does not
bind the offerer except from the time it came to his knowledge. The contract, in such case, is presumed to have been entered into the place where the offer was made.
What does Art. 1320 state about acceptance?
An acceptance may be express or implied
What is an offer?
Is a unilateral proposition made by one party to another for the celebration of a contract.
How does an offer become certain?
A contract must come into existence by the mere acceptance of the offeree without any further act on the offeror’s part.
An offer must be?
Definite, complete, and intentional
What is policitacion?
An imperfect promise
Is policitacion binding?
An imperfect promise (policitacion) is merely an offer. An imperfect promise that could not be considered a binding commitment
How does consent of corporations work?
Corporation is a juridical person, but it cannot act except through its board of directors. “All corporate powers shall be exercised, and all corporate business shall be conducted by the board of directors.”
(Art. 1321) The person making the offer may
fix the time, place, and manner of acceptance, all of which must be complied with
(Art. 1322) An offer made through an agent is accepted from the time
acceptance is communicated to him
What is a contract of agency?
A person binds himself to render some service or to do something in representation or on behalf of another, with the consent or authority of the latter.
What is the basis of a contract of agency?
The agent acts for and on behalf of the principal on matters within the scope of his authority and said acts have the same legal effect as if they were personally executed by the principal
(Art. 1323) An offer becomes ineffective upon
the death, civil interdiction, insanity, or insolvency of either party before acceptance is conveyed