Contracts (Chapter 3 & 4)) Flashcards
Contract which may be entered into in whatever form provided all the essential requisites for their validity are present.
informal or common or simple contract
Contracts which is required by law for its efficacy to be in a certain specified form
Formal or Solemn Contract
Form specific by law for Donations of Real/ Immovable Property
It must be in public instrument
Form specific by law for Donations for Personal/ Movable property
If more than 5k, then need to be in written form
if less than 5k then any form will do
Form specific by law for sale of lang through an agent
The authority of the agent must be in writing
Form specific by law for Stipulation to pay interest
it must be in writing, or else no interest is due
Form specific by law for contract of partnership
if immovable is contributed, it must be in public instrument attached to the property contributed
Is the remedy allowed by law by means of which a written instrument is amended or rectified so as to express or conform to the real agreement or intention
Reformation
Who can compel reformation?
- if mistake is mutual, either of the contracting parties or its heirs, or the assigned person
- In other cases, the injured party, or his heirs or assigned person.