88-Florencio-Deudor-vs-JM-Tuason

In short delivery of a portion thereof would not

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Unformatted text preview: ligations contemplated therein. Hence, whenever a period is fixed pursuant to said Article, the court merely enforces or carries out an implied stipulation in the contract in question. In fact, insofar as contracts not fixing a period are concerned, said legal provision applies only if, from the nature and circumstances surrounding the contract involved, "it can be inferred that a period was intended" by the parties thereto. For this reason, the last paragraph of Article 1197, ordains that "in every case, the courts shall determine such period as may under the circumstances have been probably contemplated by the parties." In other words, in fixing said period, the Court merely ascertains the will of the parties and gives effect thereto. Neither does the order of February 28, 1957, amount to an amendment of the decision of April 10, 1953,...
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This note was uploaded on 07/12/2013 for the course LAW 101 taught by Professor Tan during the Winter '11 term at University of the Philippines Diliman.

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