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3rd Year (2nd Sem) > LA- Classifications of Contracts > Flashcards

LA- Classifications of Contracts Flashcards

1
Q

Eight (8) classifications of contracts:

A
  1. relation to other contracts
  2. perfection
  3. form
  4. purpose
  5. subject matter
  6. nature of the vinculum they produce
  7. cause
  8. cause
  9. risks involved
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2
Q

three (3) kinds of contract according to relation to other contracts:

A

preparatory (partnership + insurance)
principal (sale + lease)
accessory (pledge + mortgage)

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3
Q

kinds of contract according to perfection:

A

consensual (sale + lease)
real (pledge + commodatum)

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4
Q

kinds of contract according to form:

A

common/ informal
special/ formal (chattel mortgage)

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5
Q

kinds of contract according to purpose:

A

transfer of ownership (sale)
conveyance of use (commodatum)
rendition of service (agency + labor)

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6
Q

kinds of contract according to subject matter:

A

things (sale, deposit, pledge)
service (agency, lease of service, labor)

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7
Q

kinds of contract according to nature of vinculum they produce:

A

unilateral (commodatum + gratuitous deposit)
bilateral (sale + lease)

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8
Q

kinds of contract according to cause:

A

onerous (sale + insurance)
gratuitous (commodatum)

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9
Q

kinds of contract according to risks involved:

A

commutative
aleatory

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10
Q

kinds of contract according to their names/ norms regulating them:

A

nominate
innominate

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11
Q

classification of innominate contract in the roman law:

A

i give and you give
i give and you do
i do and you do

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12
Q

three (3) contract stages:

A
  1. generation
  2. perfection
  3. consummation
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13
Q

those which have for their object the establishment of a condition in law which is necessary as a preliminary step towards celebration of another subsequent contract

A

preparatory

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14
Q

those which can subsist independently from other contracts and whose purpose can be fulfilled by themselves

A

principal

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15
Q

those which can exist only as a consequence of, or in relation to another prior contract

A

accessory

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16
Q
  • follow the previous
  • do not deviate from the previous contract
A

preparatory

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17
Q
  • independent
  • no law takes it
A

principal

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18
Q
  • present in instances that need it
  • donation pledges
A

accessory

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19
Q

those which are perfected by the mere agreement of the parties

A

consensual

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20
Q

those which require not only the consent of the parties for their perfection but also the delivery of the object by one part to the other

A

real

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21
Q
  • a gratuitous loan of movable property to be used and returned by the borrower
  • type of contract for permissive use
A

commodatum

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22
Q
  • free use of something
  • ex. SM can use CDO refrigerators under the condition they use it only for CDO products
A

commodatum

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23
Q

require no particular form (loan)

A

common/ informal

24
Q

those which require some particular form (chattel mortgage)

A

special/ formal

25
Q
  • loan to purchase movable personal property
  • property/ chattel secures the loan and lender holds ownership interest
A

chattel mortgage

26
Q
  • an obligation is for one party only
  • exs. commodatum + gratuitous deposit
A

unilateral

27
Q
  • those which give rise to reciprocal obligations to both parties
  • exs. sale + lease
A

bilateral

28
Q
  • each of the parties aspires to get a benefit through the giving of an equivalent/ compensation
  • exs. sale, insurance, common carrier
A

onerous

29
Q

one of the parties proposes to give the other a benefit without any equivalent/ compensation
- exs. commodatum

A

gratuitous

30
Q

a form of thanks

A

gratuitous deposit

31
Q

what you give is what you get

A

onerous

32
Q
  • no compensation
  • pro bono or free
A

gratuitous

33
Q

those in which what is done/given/promised by one party is considered the same as the other or in consideration of what is done/given/promised by the other (lease)

A

commutative

34
Q

performance of the promise is dependent on the occurrence of a fortuitous event

A

aleatory

35
Q

full consideration of this act is the other party’s promise to perform an act if a fortuitous event occurs (insurance)

A

aleatory

36
Q

you can only receive it based on the occurrence

A

aleatory

37
Q

those who have their individuality and are regulated by special provisions of law

A

nominate

38
Q

example of nominate contracts

A
  • sale
  • lease
  • common carrier
  • insurance
  • deposit agency
39
Q

those who lack individuality and are not regulated by law

A

innominate

40
Q
  • preliminary stage for the formation of the contract
  • includes the bargaining of the subject of obligation and consideration
  • gather something
A

generation

41
Q
  • birth of contract (hardcopy/ softcopy)
  • agreement/ signing
A

perfection

42
Q

the fulfillment of the purpose for which the contract was constituted (performance)

A

consummation

43
Q

when is a contract considered defective?

A

legal insufficiency due to incompleteness + incorrectness

44
Q

four (4) defective contracts:

A
  1. rescissible contract
  2. voidable
  3. unenforceable contract
  4. void contract
45
Q

valid contract because it contains all of the essential requisites prescribed by the law

A

rescissible contract

46
Q

defective: injury/ damage to either contracting party as a consequence of which it may be rescinded using a proper action for recission

A

rescissible contract

47
Q
  • valid contract until annulled
  • all essential elements for validity are present
A

voidable

48
Q

defective: element of consent is vitiated either by lack of legal capacity of one of the contracting parties/ by mistake/ violence/ intimidation/ undue influence/ fraud

A

voidable

49
Q

those that cannot be enforced by a proper action in court unless ratified

A

unenforceable contracts

50
Q

defective: entered without or in excess of authority/ do not comply with the statue of frauds/ both contracting parties do not have legal capacity

A

unenforceable contracts

51
Q
  • considered inexistent by the operation of law
  • where parties agree to do something illegal/ commit a crime/ otherwise against the law
A

void contract

52
Q

valid from the start but there is an injury

A

rescissible

53
Q

annulled due to lack of legal capacity

A

voidable

54
Q

both parties are minor and both know of its illegal nature

A

unenforceable

55
Q

a type of defective contract wherein it is inexistent by law

A

void

56
Q

TRUE/ FALSE: property/ chattel secures the loan and borrower hold ownership interest

A

FALSE (borrower- lender)

3rd Year (2nd Sem) (18 decks)

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