NOTES
Remunerative – prestation is given
Business Law (Final Term)
Contracts – meeting of minds between 2
parties whereby one binds himself with
respect to other to give something or
rendered some service.
Principal Characteristics:
1. Autonomy wills – parties may
stipulate anything as long as not
illegal
2. Mutuality – performance or validity
binds both parties
3. Obligatory Force – parties are bound
form perfection of contract
4. Relativity – binding only between
the parties
- Consensual
Perfected by agreement of parties
- Real
Perfected by delivery
Note: If there is no delivery and meeting
of minds there is no VALIDITY
Example: Commodatum (panghihiram
ng ballpen)
Pledge (Sangla)
Deposit (pag nasa mall) *Hindi
kasama yung sa Banko na pagdeposit
- Formal/Solemn
Perfected by conformity to essential
formalities.
Example: Donation of Land or Car
Note: If may donation it must have
notary (real) kasi if wala it is not valid
As to Cause
1. Onerous – with valuable
consideration
Example: Lahat ng may price
2. Gratuitous – founded on liberality
Example: Love, Kindness
3.
for service previously rendered..
Example: Pagbabayad ng utang na loob
As to importance or dependence of one
upon another
1. Principal – contract may stand alone
2. Accesory – depends on another
contract for its existence
Example: Power of atty.
3. Preparatory – not an end by itself; a
means through which future
As parties obliged
1. Unilateral – one of the parties has an
obligation
Example: Donation isa lang may
obligation
2. Bilateral – both parties are required
to rendered obligations (parehas
dapat)
As to name or designation
1. Nominate – name provided by law
2. Innominate
Example:
- Do et ges – I give that you may give
- Do ut facias – I give that you may do
- Facio ut des – I do that you may give
- Facio ut facias – I do that you may
do
Essential Elements (COC)
1. Consent – meeting of minds sa
object and contract.
Requirements:
- Plurality of subject
- Capacity (Legal Age)
- Intelligence and free will (dapat
hindi pinilit at naiintindihan niya
dapat)
- Manifestation of intent of parties
Example: Kapag kinuha mo ibig
sabihin nag agreed ka na.
- Cognition (means Knowledge) by
other party (dapat alam ng bawat
isa)
- Conformity of manifestation and
cognition (nagtatama ang nakita
mo)
Note: We follow the theory of cognition and
not the theory of manifestation.
2. Object
3. Consideration (another word is
Causa)
Elements of valid offer
- Definite
- Complete
- Intentional
Elements of valid acceptance
- Unequivocal
- Unconditional
Period for Acceptance
- Stated fixed period in the offer
- No stated fixed period
- Offer is made to a person present
(acceptance must be made
immediately)
- Offer is made to a person absent
(acceptance may be made within
such time that, under normal
circumstances, an answer can be
received from him)
Option Contract
Option may be withdrawn anytime before
acceptance is communicated but not when
supported by a consideration other than
purchase price: option money.
2 kinds
- Walang bayad ang panahon ng
paghihintay
- May bayad ang panahon ng
paghihintay
Note: Ito ang ginagamit pag hindi ka pa
makapagdecide.
Note:
Dolus Bonus – (usual exaggerations in trade)
CAUSES WHICH VIATATE FREEDOM
1. Violence
- Irresistible physical force
- Such force is the determining cause
for giving consent
2. Intimidation
- Determining cause for the contract
- Threatened act is unjust and
unlawful
- Real and serious
- Produces a well grounded fear that
the person making it will carry it
over
3. Undue Influence
Stimulated Contracts
1. Absolute – No Intention to be bound
at all, fictous only – void from
beginning
2. Relative – there is no intention to be
bound but concealed; concealed
contract binds:
- No prejudice to 3rd persons
- Not Contrary to law, morals, etc.
Example: Mag Gf/Bf, ayun pala ay MU
lang.

Motive
- Purely private reason; illegality does
not invalidate contract except when
it predetermines purpose of
contract; when merged into one.
Note: Private motive is not consider.