A 1 It must contain all the essential requisites of a contract 2 It must not be

A 1 it must contain all the essential requisites of a

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A: 1. It must contain all the essential requisites of a contract 2. It must not be contrary to law, morals, good customs, public order, and public policy Q: What is compliance in good faith ? A: It is performance in accordance with the stipulation, clauses, terms and conditions of the contract. Note: The contract is the law between the parties.
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UST G OLDEN N OTES 2011 Q: May a party unilaterally evade his obligation in the contract? A: GR: Neither party may unilaterally evade his obligation in the contract. XPNs: Unilateral evasion is allowed when the: 1. contract authorizes such evasion 2. other party assents thereto Q: Is there a limitation on the right of the parties to freely enter into stipulations? A: Yes. Parties may freely enter into any stipulations provided such are not contrary to law, morals, good customs, public order or public policy Q: What governs obligations arising from contracts? A: GR: These obligations shall be governed primarily by the stipulations, clauses, terms and conditions of the parties agreements. XPN: Contracts with prestations that are unconscionable or unreasonable. Note: In case of unconscionable penalty for breach of contract (Art. 1229, NCC) , or liquidated damages (Art. 2226, NCC) , the same may be reduced by the court. (Pineda, Obligations and Contracts, p.13, 2000 ed) C IVIL L AW T EAM : A DVISER : A TTY . E LMER T. R ABUYA ; S UBJECT H EAD : A LFREDO B. D IMAFELIX II; A SST . S UBJECT H EADS : K AREN F ELIZ G. S UPNAD , L AMBERTO L. S ANTOS III; M EMBERS : P AUL E LBERT E. A MON , A LSTON A NARNA , O ZAN J. F ULLEROS , C ECILIO M. J IMENO , J R ., I SMAEL S ARANGAYA , J R .; C ONTRIBUTORS : L OISE R AE G. N AVAL , M ONICA J UCOM C. OBLIGATION EX QUASI CONTRACTU Q: What is quasi contract? A: It is a juridical relation arising from lawful, voluntary and unilateral acts based on the principle that no one should unjustly enrich himself at the expense of another. Q: What is presumptive consent? A: Since a quasi contract is a unilateral contract created by the sole act or acts of the gestor, there is no express consent given by the other party. The consent needed in a contract is provided by law through presumption. (Pineda, Obligations and Contracts, p. 15, 2000 ed) Q: What are the principal forms of quasi contracts? A: 1. Negotiorium gestio (inofficious manager) arises when a person voluntarily takes charge of the management of the business or property of another without any power from the latter. 2. Solutio indebiti (unjust enrichment) takes place when a person receives something from another without any right to demand for it, and the thing was unduly delivered to him through mistake. Note: The delivery must not be through liberality or some other cause. NEGOTIORUM GESTIO Q: Upon the declaration of martial rule in the Philippines, X, together with his wife and children, disappeared from his residence along Ermita, Manila. Years passed without Y hearing from X and his family. Y continued taking care of X s house, even causing minor repairs to be done at his house to preserve it. In 1976, when business began to perk up in the area, Z, approached Y and proposed that they build
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