TITLE 2 CH.4 REFORMATION OF INSTRUMENTS Flashcards
“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.”
“Art. 1359. When, there having been a meeting of the minds of the parties ot a contract, their true intention is not expressed in the instrument purporting to embody the agremeent, by reason of mistake, fraud, inequitable conduct or accident, one of the parties may ask for the reformation of the instrument to the end that such true intention may be expressed.
If mistake, fraud, inequitable conduct, or accident has prevented a meeting of minds of the parties, the proepr remedy is not reformation of the instrument but annulment of the contract.”
Art. 1360. The principles of general law on[…] are hereby adopted insofar as they are not in conflict with the provisions of this Code.
Art. 1360. The principles of general law on the reformation of instruments are hereby adopted insofar as they are not in conflict with the provisions of this Code.
Art. 1361. When a […] of the parties causes the failure of the instrument to […], said instrument may be reformed.
Art. 1361. When a mutual mistake of the parties causes the failure of the instrument to disclose their real agreement, said instrument may be reformed.
Art. 1362. If one party was […] and the other acted […] in such a way that the instrument does not show their […], the […] may ask for the reformation of the instrument.
Art. 1362. If one party was mistaken and the other acted fraudulently or inequitably in such a way that the instrument does not show their true intention, the former may ask for the reformation of the instrument.
Art. 1363. When one party was […] and the other knew or believed that the instrument did not state their real agreement, but […], the instrument may be reformed.
Art. 1363. When one party was mistaken and the other knew or believed that the instrument did not state their real agreement, but concealed that fact from the former, the instrument may be reformed.
Art. 1364. When through the ignorance, lack of skill, negligence or bad faith on the part of the […], the instrument does not express the […], the courts may order that the instrument be reformed.
Art. 1364. When through the ignorance, lack of skill, negligence or bad faith on the part of the person drafting the instrument or of the clerk or typist, the instrument does not express the true intention of the parties, the courts may order that the instrument be reformed.
Art. 1365. If two parties agree upon the […] of real or personal property, but the instrument states that the property is […], reformation of the instrument is proper.
Art. 1365. If two parties agree upon the mortgage or pledge of real or personal property, but the instrument states that the property is sold absolutely or with a right of repurchase, reformation of the instrument is proper.
“Art. 1366. There shall be no reformation in the following cases:
(1) […];
(2) […];
(3) […].”
“Art. 1366. There shall be no reformation in the following cases:
(1) Simple donations inter vivos wherein no condition is imposed;
(2) Wills;
(3) When the real agreement is void.”
Art. 1367. When one of the parties has […], he cannot subsequently ask for its reformation.
Art. 1367. When one of the parties has brought an action to enforce the instrument, he cannot subsequently ask for its reformation.
Art. 1368. Reformation may be ordered at the instance of […] or his […], if the mistake was […]; otherwise, upon petition of the […].
Art. 1368. Reformation may be ordered at the instance of either party or his successors in interest, if the mistake was mutual; otherwise, upon petition of the injured party, or his heirs and assigns.
Art. 1368. Reformation may be ordered at the instance of either party or his successors in interest, if the mistake was mutual; otherwise, upon petiiton of the injured party, or his heirs and assigns.
Art. 1369. The procedure for the reformation of instruments shall be governed by rules of court to be promulgated by the Supreme Court.
