OBLICON-1

Question 1

A contract is a meeting of the minds between two persons whereby one binds himself, with respect to the other to give something or to render some service

Answer 1

Art. 1305

Question 2

is a meeting of the minds between two persons
whereby one binds himself, with respect to the other to give something or to render some service.

Answer 2

A contract

Question 3

distinguished from a contract, in that the latter establishes and determines the obligations arising
therefrom; while the former tends only to assure and pave the way for the celebration of a contract in the future.

Answer 3

Perfect promise

Question 4

mere unaccepted offer

Answer 4

Imperfect Promise

Question 5

a special part of the contract, sometimes incidental and separable for the principal agreement

Answer 5

PACT

Question 6

similar to a pact; when the contract is an instrument, it refers to the essential and dispositive part, as
distinguished from the exposition of the facts and antecedents upon which it is based.

Answer 6

STIPULATION

Question 7

without which there is no contract; they are a) consent, b) subject matter and c) cause

Answer 7

Essential Elements

Question 8

exist as part of the contract even if the parties do not provide for them, because the law, as suppletory to the contract, creates them

Answer 8

Natural elements

Question 9

those which are agreed by the parties and which cannot exist without stipulated

Answer 9

Accidental elements

Question 10

The contracting parties may establish such stipulations, clauses, terms & conditions as they may deem convenient, provided they are not contrary to
law, morals, good customs, public order, or public
policy.

Answer 10

1306

Question 11

Innominate contracts shall be regulated by the stipulations of the parties, by the provisions of
Titles I & II of this Book, by the rules governing the
most analogous nominate contracts, and by the
customs of the place

Answer 11

Art. 1307

Question 12

those which lack individuality and are not regulated by special provisions of law.

Answer 12

INNOMINATE CONTRACTS

Question 13

An agreement in which A will give one thing to B, so that B will give another thing to A.

Answer 13

do ut des (I give that you may give)

Question 14

An agreement under which A will give something to B, so that B may do something for A.

Answer 14

do ut facias (I give that you may do)

Question 15

An agreement under which A does something for B, so that B may render some other service for A.

Answer 15

facio ut facias (I do that you may do)

Question 16

An agreement under which A does something for B, so that B may give something to A.

Answer 16

facio ut des (I do that you may give)