LA- Classifications of Contracts

Question 1

Eight (8) classifications of contracts:

Answer 1

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

Question 2

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

Answer 2

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

Question 3

kinds of contract according to perfection:

Answer 3

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

Question 4

kinds of contract according to form:

Answer 4

common/ informal
special/ formal (chattel mortgage)

Question 5

kinds of contract according to purpose:

Answer 5

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

Question 6

kinds of contract according to subject matter:

Answer 6

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

Question 7

kinds of contract according to nature of vinculum they produce:

Answer 7

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

Question 8

kinds of contract according to cause:

Answer 8

onerous (sale + insurance)
gratuitous (commodatum)

Question 9

kinds of contract according to risks involved:

Answer 9

commutative
aleatory

Question 10

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

Answer 10

nominate
innominate

Question 11

classification of innominate contract in the roman law:

Answer 11

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

Question 12

three (3) contract stages:

Answer 12

1. generation
2. perfection
3. consummation

Question 13

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

Answer 13

preparatory

Question 14

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

Answer 14

principal

Question 15

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

Answer 15

accessory

Question 16

• follow the previous
• do not deviate from the previous contract

Answer 16

preparatory

Question 17

• independent
• no law takes it

Answer 17

principal

Question 18

• present in instances that need it
• donation pledges

Answer 18

accessory

Question 19

those which are perfected by the mere agreement of the parties

Answer 19

consensual

Question 20

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

Answer 20

real

Question 21

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

Answer 21

commodatum

Question 22

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

Answer 22

commodatum

Question 23

require no particular form (loan)

Answer 23

common/ informal

Question 24

those which require some particular form (chattel mortgage)

Answer 24

special/ formal

Question 25

- loan to purchase movable personal property - property/ chattel secures the loan and lender holds ownership interest

Answer 25

chattel mortgage

Question 26

- an obligation is for one party only - exs. commodatum + gratuitous deposit

Answer 26

unilateral

Question 27

- those which give rise to reciprocal obligations to both parties - exs. sale + lease

Answer 27

bilateral

Question 28

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

Answer 28

onerous

Question 29

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

Answer 29

gratuitous

Question 30

a form of thanks

Answer 30

gratuitous deposit

Question 31

what you give is what you get

Answer 31

onerous

Question 32

- no compensation - pro bono or free

Answer 32

gratuitous

Question 33

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)

Answer 33

commutative

Question 34

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

Answer 34

aleatory

Question 35

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

Answer 35

aleatory

Question 36

you can only receive it based on the occurrence

Answer 36

aleatory

Question 37

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

Answer 37

nominate

Question 38

example of nominate contracts

Answer 38

- sale - lease - common carrier - insurance - deposit agency

Question 39

those who lack individuality and are not regulated by law

Answer 39

innominate

Question 40

- preliminary stage for the formation of the contract - includes the bargaining of the subject of obligation and consideration - gather something

Answer 40

generation

Question 41

- birth of contract (hardcopy/ softcopy) - agreement/ signing

Answer 41

perfection

Question 42

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

Answer 42

consummation

Question 43

when is a contract considered defective?

Answer 43

legal insufficiency due to incompleteness + incorrectness

Question 44

four (4) defective contracts:

Answer 44

1. rescissible contract 2. voidable 3. unenforceable contract 4. void contract

Question 45

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

Answer 45

rescissible contract

Question 46

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

Answer 46

rescissible contract

Question 47

- valid contract until annulled - all essential elements for validity are present

Answer 47

voidable

Question 48

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

Answer 48

voidable

Question 49

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

Answer 49

unenforceable contracts

Question 50

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

Answer 50

unenforceable contracts

Question 51

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

Answer 51

void contract

Question 52

valid from the start but there is an injury

Answer 52

rescissible

Question 53

annulled due to lack of legal capacity

Answer 53

voidable

Question 54

both parties are minor and both know of its illegal nature

Answer 54

unenforceable

Question 55

a type of defective contract wherein it is inexistent by law

Answer 55

void

Question 56

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

Answer 56

FALSE (borrower- lender)