Existence of a valid contract 2 knowledge of the

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: and deliberately conferred a favor upon a 3rd person 2. The stipulation in favor of a 3rd person should be a part of, not the whole contract 3. That the favorable stipulation should not be conditioned or compensated by any kind of obligation whatsoever 4. Neither of the contracting parties bears the legal rd representation or authorization of 3 party 5. The third person communicates his acceptance before revocation by the original parties 6. Art 1312; Art 1314 CONVENTIONAL SUBROGATION ASSIGNMENT OF RIGHTS governed by Arts. 1300-1304 debtor’s consent is required extinguishes the obligation and gives rise to a new one governed by Arts. 1624 to 1627 REQUISITES OF ART 1312: 1. Existence of a valid contract 2. Knowledge of the contract by a 3rd person rd 3. Interference by the 3 person debtor’s consent is not required KINDS OF CONTRACTS defects and vices in the old obligation are cured takes effect upon moment of novation or subrogation transmission of right of the creditor to third person without modifying or extinguishing the obligation defects and vices in the old obligation and not cured as far as the debtor is concerned, takes effect upon notification TITLE II – C O N T R A C T S CHAPTER 1. GENERAL PROVISIONS See Arts. 1305 -a1317 QuickTime™ and TIFF (Uncompressed) decompressor are needed to see this picture. PRINCIPAL CHARACTERISTICS: 1. Autonomy of wills – parties may stipulate anything as long as not illegal, immoral, etc. 2. Mutuality – performance or validity binds both parties; not left to will of one of parties 3. Obligatory Force – parties are bound from perfection of contract: 1. As to perfection or formation a. Consensual – perfected by agreement of parties b. Real – perfected by delivery ( commodatum, pledge, deposit ) c. Formal/solemn – perfected by conformity to essential formalities (donation ) 2. As to cause a. Onerous – with valuable consideration b. Gratuitous – founded on liberality c. Remunerative – prestation is given for service previou...
View Full Document

This document was uploaded on 02/18/2014 for the course ACC 2001 at Alabama Christian Academy.

Ask a homework question - tutors are online