Obligations+and+Contracts.printable

Violence requisites a irresistible physical force b

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Unformatted text preview: LIFIED TO ENTER INTO CONTRACTS: (contracts entered into are void) 1. Those under civil interdiction 2. Hospitalized lepers 3. Prodigals 4. Deaf and dumb who are unable to read and write 5. Those who by reason of age, disease, weak mind and other similar causes, cannot without outside aid, take care of themselves and manage their property, becoming an easy prey for deceit and exploitation Incapacity Restrains the exercise of the right to contract May still enter into contract through parent, guardian or legal represemtative Based upon subjective circumstance of certain person Contracts entered into are merely voidable Disqualification Restrains the very right itself Absolutely disqualified Based upon public policy and morality Contracts are void entered into CAUSES WHICH VITIATE FREEDOM 1. Violence • REQUISITES a. Irresistible physical force b. Such force is the determining cause for giving consent 2. Intimidation • REQUISITES: a. Determining cause for the contract b. Threatened act is unjust and unlawful c. Real and serious Page 122 of 297 Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 d. Produces a well grounded fear that the person making it will carry it over 3. Undue influence SIMULATED CONTRACTS 1. Absolute – no intention to be bound at all, fictitious only – void from beginning 2. Relative – there is intention to be bound but concealed; concealed contract binds: a. No prejudice to 3rd persons b. Not contrary to law, morals, etc. OBJECT REQUISITES: 1. Within the commerce of man - either existing or in potency 2. Licit or not contrary to law, good customs 3. Possible 4. Determinate as to its kind or determinable w/o need to enter into a new contract 5. Transmissible Absence Of Causa Illegality Of Causa Falsity Of Causa Causa Not Stated In Contract Inadequacy Of Causa immediate, direct and most proximate reason why parties enter into contract • REQUISITES: 1. It must exist 2. It must be true 3. It must be licit MOTIVE • purely private reason; illegality...
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