Facio ut facias i do that you may do stages in a

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Unformatted text preview: sly rendered not as obligation 3. As to importance or dependence of one upon another a. Principal – contract may stand alone b. Accessory – depends on another contract for its existence; may not exist on its own c. Preparatory – not an end by itself; a means through which future contracts may be made 4. As to parties obliged a. Unilateral – only one of the parties has an obligations Page 120 of 297 Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 b. Bilateral – both parties are required to render reciprocal prestations 5. As to name or designation a. Nominate b. Innominate I. Do ut des – I give that you may give II. Do ut facias – I give that you may do III. Facio ut des – I do that you may give IV. Facio ut facias – I do that you may do STAGES IN A CONTRACT: 1. Preparation - negotiation 2. Perfection/birth 3. Consummation – performance CHAPTER 2. – ESSENTIAL REQUISITES OF A CONTRACT See Arts. 1318 - 1355 ESSENTIAL ELEMENTS: 1. Consent 2. Subject Matter 3. Consideration CONSENT CONSENT – meeting of minds between parties on subject matter and cause of contract; concurrence of offer and acceptance REQUIREMENTS: 1. Plurality of subject 2. Capacity 3. Intelligence and free will 4. Manifestation of intent of parties 5. Cognition by the other party 6. Conformity of manifestation and cognition AUTO CONTRACTS • made by a person acting in another’s name in one capacity COLLECTIVE CONTRACTS • will of majority binds a minority to an agreement notwithstanding the opposition of the latter CONTRACTS OF ADHESION • one party has already a a QuickTime™ and prepared form of a TIFF (Uncompressed) contract, containingtothedecompressor stipulations he desires, are needed see this picture. and he simply asks the other party to agree to them if he wants to enter into the contract • NOTE: We follow the theory of cognition and not the theory of manifestation. Under our Civil Law, the offer and acceptance concur only when the offeror comes to know, and not when the offeree merely manifests his acceptance ELEMENTS OF VALID OFFER / ELEMENTS OF VALID ACCEPTANCE 1. Definite--unequivocal 2. Complete--uncondit...
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This document was uploaded on 02/18/2014 for the course ACC 2001 at Alabama Christian Academy.

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