Form and Reformation of Contracts
FORM OF CONTRACT (Arts 1356-1358)
1. What is the form of a contract in order that it will of obligatory force? (Art. 1356, CC)
GENERAL RULE: Whatever may be the form in which a contract may have been entered into, the general rule to 1356 of the Civil Code, is that it shall be obligatory provided all of the essential requisites for its validity are present.
EXCEPTIONS:
1) When the law requires that the contract must be in a certain form in order to be valid; and
2) When the law requires that the contract must be in a certain form in order to enforceable.
2. What are the different kinds of formalities which are prescribed by law for certain contracts?
1) Those which are for convenience or for the purpose of binding third persons; (Art. 1356, CC) Example: Public Documents
The following must appear in a public document:
a) Acts and Contracts which have for their object the creation, transmission, modification, or extinguishment of real rights over immovable property; sales or real property, or of an interest therein are governed by Arts. 1403, No. 2, and 1405;
b) The cession, repudiation or renunciation of hereditary rights or of those of the conjugal partnership of gains;
c) The power to administer property, or any other power which has for its object an act appearing or which should appear in a public document, or should prejudice a third person;
d) The cession of actions or rights proceeding from an act appearing on a public document.
e) All other contracts where the amount involved exceeds five hundred pesos must appear in writing, even a private one.
2) Those which are necessary for the validity of the contract. (Art. 1358 Civil Code & special laws- formal/solemn contracts);
3) Those which are necessary for the enforcement of the contract. (governed by Statue of Frauds)
3. What are the formalities which are necessary for the validity of contracts?
a. Contracts must appear in writing are as follows:
1. Donations of personal property whose value exceeds
1. What is the form of a contract in order that it will of obligatory force? (Art. 1356, CC)
GENERAL RULE: Whatever may be the form in which a contract may have been entered into, the general rule to 1356 of the Civil Code, is that it shall be obligatory provided all of the essential requisites for its validity are present.
EXCEPTIONS:
1) When the law requires that the contract must be in a certain form in order to be valid; and
2) When the law requires that the contract must be in a certain form in order to enforceable.
2. What are the different kinds of formalities which are prescribed by law for certain contracts?
1) Those which are for convenience or for the purpose of binding third persons; (Art. 1356, CC) Example: Public Documents
The following must appear in a public document:
a) Acts and Contracts which have for their object the creation, transmission, modification, or extinguishment of real rights over immovable property; sales or real property, or of an interest therein are governed by Arts. 1403, No. 2, and 1405;
b) The cession, repudiation or renunciation of hereditary rights or of those of the conjugal partnership of gains;
c) The power to administer property, or any other power which has for its object an act appearing or which should appear in a public document, or should prejudice a third person;
d) The cession of actions or rights proceeding from an act appearing on a public document.
e) All other contracts where the amount involved exceeds five hundred pesos must appear in writing, even a private one.
2) Those which are necessary for the validity of the contract. (Art. 1358 Civil Code & special laws- formal/solemn contracts);
3) Those which are necessary for the enforcement of the contract. (governed by Statue of Frauds)
3. What are the formalities which are necessary for the validity of contracts?
a. Contracts must appear in writing are as follows:
1. Donations of personal property whose value exceeds