Property: things which are susceptible to Contracts become real property by virtue of -the contract must bind both

e contract must bind both parties

appropriation and already possessed and found in agreement (destination). The object becomes real -binding effect
possession of man property by estoppel
Contract of Adhesion
Ownership: the right to enjoy and dispose of a thing, -“adhere”
without other limitations than those established by LABOR STANDARDS PROPER -there is already a prepared form, you just have to
law Labor standards: sets the minimum standards that sign
-not absolute must be observed in an employee-employer -only one is writing the contract
relationship -ex. Plane Tickets
Immovable by nature: land Social legislation: Insurances -ready-made contracts
Immovable because of attachment Labor relations: employees unite themselves to -favor the one who signed
improve standards and ask employers to go beyond -consequences to the author
Classification of Real Property under Art. 415 standards -valid, in terms of doubt, must favor the one who
N-Nature -union: built to ask more from the employer adhered to the contract
I- Incorporation
D-Destination 8 hours a day (minimum) 4)Autonomy of Contract
A-Analogy company practice: Rule of Thumb> wherever is more -free to stipulate in their contract, as long as the
favorable to the employee stipulations are not contrary to law
Building: Real Property by virtue of incorporation > doesn’t end
> with respect to transfer of ownership: changes in Labor Contract: even without meeting of the minds
Factories must be placed by owners. company practice -the law dictates
Is a dog a real property? It depends >5 years is enough -employer-employee relationship
Things: appropriable or not; may or may not be a
subject to contract 2 kinds of benefit: Civil Contracts
Property: can be appropriated Incremental: increase the number -meeting of the minds
Ex: 5 hours of work only
Immovable: Real property (attached to the soil) Supplemental: the kind Essential Requisites of a Contract
Movable: Personal Property (that can be moved from -not mentioned in the labor standards C-Consent:
one place to another) -not given by law but by employer -concurrence of the willes
-age of the party (must have the legal capacity)
Can real property become personal property? Yes. OBLICON -voidable (on age)
-2 minors enter into a contract: the contract is
On paintings: must be the owner Contract: 1305: meeting of the minds unenforceable
Aesthetics: real property (paintings, statues, Binds himself (obligor) to the other (obligee) -1 minor: voidable
ornaments) in nature they are not real properties -one of the sources of obligation -contracts of necessaries: Tindahan
but placed on buildings or lands as long as the one -Vitiated- legal term of affected
who placed it is the owner of the building or the land Obligation: broader -defective: Voidable (fraud)
-ties the 2 parties -minor, insane, deaf-mute, who does not know how to
Boats and ships are not considered real property read, fraud
because they are not fixed on place Basic Characteristics of Contracts
1)Principle of Relativity O-Object
Article 415 case: -takes effect only between parties -the subject matter of the contract
JJ Summit vs CA -with heirs -no object = no contract
- the only thing in the law is prohibition to 2) Obligatory Force of Contracts -must be legal
own the land among the foreigners -the contract is obligatory in whatever forms -body cannot be sold
3) Mutuality of contracts -illegal object: void
-Void: future inheritance cannot be an object of
contract

C-Cause/Consideration
-impelling reason for entering into a contract

Forms of Contract 1356

-contracts must be obligatory in whatever forms
-“are valid in whatever forms as long as there is a
meeting of the minds”
-requirements by law: enforceable

V-Validity
E-Enforceability
C-Convenience

Exceeds 5k: Art 748- there is a need for donation and

acceptance be in writing
-if not in writing, void
for immovable: must be in writing
-must be notarize (for validity) (void if not)

The Donation cannot be accepted

-void if not accepted
-“donation and acceptance”

“Public Instrument”
-must be notarized
notarization: to make the document public

Selling of property:
-“verbal”
-valid
-enforceable
-not convenient (ROD ill not accept)
-by and agent:
-verbal
-Void (agent’s authority must be in writing)
-look for SPA (Special Power of
Attorney) (art. 1874)