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CONTRACTS
Jojo I. Mendoza
BSEE 5
NWSSU
Example
Gaya bought a refrigerator from Tito but Gaya did
not pay the refrigerator. If after demand, Gaya still
did not pay, Tito can sue Gaya in Court either to
demand payment or for recovery of the refrigerator.
Juridical Tie
Debtor
To give, to do
Or Obligor
or not to do
Creditor
or Obligee
Example:
Natural obligations
Civil obligations derive their binding force from
Source of Obligations
1. LAW as a source of obligations
Contract as defined in Art. 1305, NCC is the meeting of minds between two person
whereby one binds himself with respect to the other,
Obligations arising from contracts have the force of law between the contracting
parties because that which is agreed upon in the contract by the parties is the law
between them, thus, the agreement should be complied with in good faith. (Art. 1159).
For examples:
A contract of lease was executed between Gaya as the lessee and Tito as the lessor
for the rent of an apartment.
.Although contracts have the force of law, it does not mean that contract are over and
above the law. Contracts are with the limitations imposed by law in Art. 1306, NCC, it
states that the contracting parties may establish such stipulations, clauses terms and
conditions as, they may deem convenient, provided that are not contrary to law,
morals, good custom, public order or public policy.
voluntary and unilateral act which has for its purpose the
payment of indemnity to the end that no one shall unjustly
enrich or benefited at the expense of another. (Art. 2142, NCC)
Contracts and quasi-contracts distinguished:
in a contract, consent is essential requirement for its validity while in
quasi-contract, there is no consent as the same is implied by law;
contract is a civil obligation while quasi-contract is a natural
obligation.
2 Kinds of Quasi-contracts
Requisites of a quasi-delicts
There must be fault of negligence attributable to the
offended;
There must be damage or injury caused to another;
There is no pre-existing contract.
ART. 1160.
ART. 1161.
ART. 1162.