Topics: Contract, Contract law, Sale of Goods Act 1979 Pages: 26 (7101 words) Published: July 20, 2010
a meeting of minds between 2 persons whereby one binds himself, with respect to the other, to give something or to render some service (ARTICLE 1305)

(Arts. 1305-1317)
Distinguish an ordinary Contract:
a.) from a Contract of marriage
b.) from an obligation
c.) from an imperfect promise
d.) from a pact
e.) from a stipulation

a.) from a Contract of marriage
1.The parties may be 2 or more persons of same or different genders 2.Nature, consequences and incidents are governed by agreement of the parties 3.Once Contract is executed, result is a Contract

4.Can be terminated or dissolved by mere agreement of parties 5.In case of breach, injured party will institute an action for damages CONTRACT OF MARRIAGE
1.It is necessary that parties must be 1 man and 1 woman
2.Nature, consequences and incidents are governed by law
3.Once marriage is celebrated, result is a status
4.Cannot be terminated or dissolved
5.In case of breach, injured party will institute Civil Action (for legal separation) or Criminal Action (for adultery or concubinage)

b. from an obligation
the cause the effect

However, among 5 Sources of Obligations (1.Law, 2.Contracts, 3.Quasi-contracts, 4.Acts punished by law, 5.Quasi-delicts), the most important are Contracts. There can be an obligation w/o a Contract, but there can be no Contract w/o resultant obligation.

c. from an imperfect promise
an unaccepted offer
represents the starting point of a Contract
d. from a pact
an incidental part of a Contract which can be separated from principal agreement

e. from a stipulation
an essential and dispositive part of Contract which cannot be separated from principal agreement

The Elements of a Contract include the following:
– are those elements without which there can be no contract. 2. NATURAL
– are those elements which are derived from the nature of the contract and ordinarily accompany the same.
– they are presumed by the law, although they can be excluded by the contracting parties if they so desire. 3. ACCIDENTAL
– are those elements which exist only when the parties expressly provide for them for the purpose of limiting or modifying the normal effects of the contract.
Ex. conditions, terms, modes
– is further subdivided into 3:
1.1 common (comunes)
– are those which are present in all contracts
Ex. consent, object certain, cause
1.2 special (especiales)
– are present only in certain contracts
Ex. delivery in real contracts or form in solemn ones
1.3 extraordinary or peculiar (especialisimos)
– are those which are peculiar to a specific-contract
Ex. price in a contract of sale

There are different classes of Contracts. It comprises the following: a.) According to their relations to other contracts.
b.) According to their perfections.
c.) According to their form.
d.) According to their purpose.
e.) According to their subject matter.
f.) According to the nature of vinculum which they produce.
g.) According to their cause.
h.) According to the risks involved.
i.) According to their names or norms regulating them.
a.)According to their relations to other contracts:
(1) Preparatory – those which have for their object the establishment of a condition in law which is necessary as a preliminary step towards the celebration of another subsequent contract.
Ex. partnership, agency
(2) Principal – those which can subsist independently from other contracts and whose purpose can be fulfilled by themselves.
Ex. sale, lease
(3) Accessory – those which can exist only as a consequence of, or in relation with, another prior contract.
Ex. pledges, mortgage

b.)According to their perfections:
(1) Consensual – those which are perfected by the mere agreement of the parties.
Ex. sale, lease
(2) Real...
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