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Oblicon > Chapter 4 > Flashcards

Chapter 4 Flashcards

1
Q

What is the meaning of contracts?

A

Meeting of minds between two persons whereby one binds himself to give something or to render service

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2
Q

Can there be an obligation w/o a contract?

A

Yes

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3
Q

Can there be a contract w/o obligation?

A

No, contracts are sources of obligations therefore entering a contract automatically gives you an obligation

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4
Q

What are the elements of a contract?

A

Essential
Natural
Accidental

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5
Q

What are essential elements?

A

Elements which are required to be present, and an absence of any of the essential elements (consent, object, cause) shall render the contract void

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6
Q

What are natural elements?

A

Elements that exists in some contracts that does not require stipulation;

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7
Q

Who puts natural elements in some contracts?

A

The law

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8
Q

Can the parties remove natural elements?

A

Yes

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9
Q

What are accidental elements?

A

Elements that does not exist in a contract and requires stipulation of the party in order to be included

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10
Q

What are the classification of contracts according to perfection?

A

Consensual - perfected by essential elements
Real - perfected by essential elements and delivery
Formal or Solemn - perfected by essential elements and formalities

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11
Q

Whatare the classifications of contracts in relation to other contracts?

A

Principal - can exist on its own
Accessory - existence depends on principal contract
Preparatory - needed for formation of subsequent contracts

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12
Q

Are preparatory also considered principal contract?

A

Yes

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13
Q

What are the classifications of contracts based on parties obliged?

A

Unilateral - only one party obliged
Bilateral - both parties obliged

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14
Q

What are the classifications of contracts based on name?

A

Nominate - given special names by law

Innominate - no name given by law

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15
Q

What are the types of innominate contracts?

A

Do ut des - 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

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16
Q

What are the steps in dealing with innominate contracts?

A
  1. Look at the stipulations
  2. Observe rules governing law on oblicon
  3. Observe rules governing most analogous contracts
  4. Know the customs of the place
17
Q

What are the classificstions of a contract according to risk?

A

Commulative - undertaking of one is equal to the other

Aleatory - uncertain events may affect one party (either gain or loss)

18
Q

What are the classification of a contract according to cause?

A

Onerous - has valuable consideration

Gratuitous - purely out of generosity

Remuneratory - based on services or benefits already received

19
Q

Classification according to binding force

A

Valid
Recisible
Voidable
Unenforceable
Void

20
Q

What are the stages of a contract?

A

Preparation/Conception/Generation/Negotiation

Perfection/Birth/Formation

Consummation/Death/Extinguishment

21
Q

What are the characteristics of a contract?

A

Mutuality
Autonomy
Relativity
Consensuality
Obligatory force

22
Q

Is a contract valid if one of the party stipulated a term w/o the other agreeing to it?

A

No

23
Q

What are the options of the contracting party if they cannot reach an agreement?

A

Appoint a third person to make decisions regarding certain stipulations

24
Q

What if the stipulation made by the third person is deemed to be inequitable?

A

It will not be obligatory, the courts shall decide what is equitable in that circumstance

25
Q

Can contracting parties stipulate anything in a contract?

A

Yes, provided they are not unlawful, immoral, or against public order

26
Q

Who can contracts affect?

A

Contracting parties, their assigns, their heirs

27
Q

Can the heir inherit debts that are more than his inherited asset?

A

No

28
Q

Based on article 1312, if you are to buy a house that is mortgaged, will you immediately receive real rights to it?

A

No, the original debtor shall be first cleared off of his debt before the rights can be passed onto the buyer

29
Q

If a third person induces someone to violate his contract, who will be liable to the other party?

A

Third person

30
Q

S entered a contract to sell his bugatti to andrew tate, when will this contract be perfected?

A

When the bugatti has been delivered and the money has been paid

31
Q

Udyr decided to sell Kayn’s scythe,w/o Kayn’s knowledge, to Yi. Is the contract of sale valid?

A

No, udyr is an unathorized person and the contract will be rendered unenforceable

Oblicon (4 decks)

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