Professional Documents
Culture Documents
TITLE II - CONTRACTS
(Articles 1305-1422, New Civil Code)
STUDY GUIDE :
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CHAPTER I General Provisions (Articles 1305-1317)
(d.1) Where the obligations arising from the contract are not
transmissible by their very nature, by stipulation or by provision of law. (Art.
1311, par. 1)
(d.3) In contracts creating real rights, third persons who come into
possession of the object of the contract are bound thereby. (Art. 1312)
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CHAPTER I General Provisions (Articles 1305-1317)
(b) Real perfected by the delivery of the thing object of the contract.
(Art. 1316)
6. The general rule is that a person cannot be bound by the contract of another.
A person (principal), however, may be bound by the contract entered into in his
name by another (agent) when the following requisites concur :
(a) When the person entering into the contract (agent) is duly authorized
by, or has the legal right to represent, the person in whose behalf he
is acting (principal); and
PLEASE MEMORIZE :
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CHAPTER I General Provisions (Articles 1305-1317)
APPLICATION/PROBLEMS :
1. D owes C 100,000. On maturity date, since D did not have the money to pay C,
D obliged himself to work as Cs servant, without pay, until such time that D could find the
money with which to pay her debt. Later, D left the house of C without paying her debt, so
C filed an action against D to compel her to pay and/or work as a servant without pay until
D had the means to pay his debt. D, however, refused to fulfil his obligation, and instead
asked payment for services already rendered to C. Decide on the parties claims.
2. On new years eve, George witnessed Allan indiscriminately fire his gun. In the
course thereof, a four-year old boy who was in the surrounding area was hit by a stray
bullet and died instantaneously. As a result of the incident, a case for homicide was filed
by the parents of the boy against Allan. George was summoned as a witness in the case.
Shortly before the scheduled hearing, Allan went to the house of George, and offered
George the amount of P300,000 as long as George would not testify in the case against
Allan. George agreed not to testify, and accepted the P300,000 offered by Allan. On the
hearing date, however, George testified. Allan was subsequently convicted on the basis
of the testimony of George. Allan, now, seeks to recover from George the P300,000 on
the ground that George did not comply in good faith with his obligations under their
contract. Can Allan recover the P300,000 from George?
3. On January 15, 2013, Edna sold her car to Elvie for P1.5M. Payment for and
delivery of the car was set on February 15, 2013. On January 30, 2013, Edna called Elvie
and pleaded if it was alright to cancel the sale considering that Ednas son passed the
entrance test to the Ateneo Law School, and would be needing the car. Elvie, however,
refused, and demanded for the delivery of the car on the agreed date. May Edna be
compelled to deliver despite her sons urgent transport needs?
4. On August 15, 2012, Jowell sold his land to Carlito for P4M. Later on, the title to
the land was transferred to Carlito. It appears, however, that Carlito still owed Jowell a
portion of the purchase price in the amount of P500,000. As of December 15, 2012,
Carlito, despite repeated demands from Jowell, failed to pay the remaining P500,000
balance. As it now stands, Jowell gave up all hope on his claim. When his best friend
Ricky learned about the non-payment, and Jowells inability to collect the P500,000, Ricky
was annoyed. To vindicate his friend, Ricky filed an action against Carlito demanding that
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CHAPTER I General Provisions (Articles 1305-1317)
Carlito pay Jowell the remaining balance on the land purchased. Does Rickys action
have legal basis?
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