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2.
a specific name or
(e.g., lease, agency,
no specific name or
(e.g., I give that you
contracts
DELIVERY
Identification:
Consent
require
fourth
requisite:
Offer
o
Acceptance
o Is the manifestation of the offeree of his
assent to the terms of the offer.
Example
Contract of Option
o is a separate (have its own cause and
consideration) and distinct contract from
the contract which the parties may enter
into upon the consummation of the
Option contract
o a contract granting a person/offerree a
certain period to accept, and during
which period the offer cannot be
withdrawn by the offerror.
o
o
minors;
Insolvents
o Before they are discharged by the
insolvency court
Example
Vices
of consent:
Mistake
Violence
Intimidation
Undue influence
Fraud (Art 1330)
(2) as to person
o mistake with regard to the identity or
with regard to the qualification of one of
the parties. (Art 1331)
o provided
that
such
identity
or
qualifications have been the principal
cause of the contract
When a person takes improper advantage of his power
over the will of another,
The following circumstances shall be considered:
1. confidential, family, spiritual and other
relations between the parties
2.
3.
4.
mental weakness
ignorance
financial distress
Example
Undue influence
Violence
Intimidation
Undue influence
Violence
the
It is inadequacy of cause.
Art. 1355. Except in cases specified by law, LESION or
inadequacy of cause shall not invalidate a contract,
unless there has been fraud, mistake or undue
influence.
(n)
means
prior to
o
o
o
o
Lesion
Example
Ratification
Reformation of the instrument
Defective Contracts
Rescissible contracts
Voidable contracts
Unenforceable contracts
o Unenforceable contract
o Void contract
o Voidable contract
Remedy granted by law to the contracting
parties, and even to third persons, to secure the
reparation of damages caused to them by a
contract, even if the same should be valid by
o Rescission
o Restitution
Facts: the person who asked for the rescission
was 14 years old and was under a guardian at
the time of the transaction of the rescindable
contract.
Statement: action brought for the rescission of a
rescindable contract, five years after it was made
should not be allowed.
o False
o Art.
1389.
For
persons
under
guardianship and for absentees, the
period of four years shall not begin until
the
termination
of
the
former's
incapacity, or until the domicile of the
latter is known. (1299)
Ratification
o Cures the defect in a voidable contract.
o Art. 1392. Ratification extinguishes the action
to annul a voidable contract.
o Art. 1396. Ratification cleanses the contract
from all its defects from the moment it was
constituted