TITLE 2 CH.3 FORMS OF CONTRACTS

Question 1

Art. 1356. Contracts shall be obligatory, in whatever form they may have been entered into, provided […]. However, when the law requires that a contract be in some form in order that it may be valid or enforceable, or that a contract be proved in a certain way, that requirement is […]. In such cases, the right of the parties started in the following article cannot be exercised.

Answer 1

Art. 1356. Contracts shall be obligatory, in whatever form they may have been entered into, provided all the essential requisites for their validity are present. However, when the law requires that a contract be in some form in order that it may be valid or enforceable, or that a contract be proved in a certain way, that requirement is absolute and indispensable. In such cases, the right of the parties started in the following article cannot be exercised.

Question 2

Art. 1357. If the law requires a document or other special form, as in the acts and contracts enumerated in the following article, the contracting parties may […], […]. This right may be exercised simultaneously with the action upon the contract.

Answer 2

Art. 1357. If the law requires a document or other special form, as in the acts and contracts enumerated in the following article, the contracting parties may compel each other to observe that form, once the contract has been perfected. This right may be exercised simultaneously with the action upon the contract.

Question 3

“Art. 1358. The following must appear in a public document:

(1) Acts and contracts which have for their object,[…]; sales of […] or of an interest therein governed by Articles 1403, No.2, and 1405;
(2) The cession, repudiation or renunciation of […] or of those of the […];
(3) The power to […], or any other power which has for its object an […], or should prejudice […];
(4) The cession of […].

All other contract where the amount involved exceed […] must appear in writing, even a private one. But sales of goods, chattels or things in action are governed by Articles 1403, No. 2 and 1405.”

Answer 3

“Art. 1358. The following must appear in a public document:

(1) Acts and contracts which have for their object, the creation, transmission, modification or extinguishment of real rights over immovable property; sales of real property or of an interest therein governed by Articles 1403, No.2, and 1405;
(2) The cession, repudiation or renunciation of hereditary rights or of those of the conjugal partnership of gains;
(3) The power to administer property, or any other power which has for its object an act apeparing or which should appear in a public document, or should prejudice a third person;
(4) The cession of actions or rights proceeding from an act appearing in a public document.

All other contract where the amount involved exceed Five hundred pesos must appear in writing, even a private one. But sales of goods, chattels or things in action are governed by Articles 1403, No. 2 and 1405.”