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    Chapter 3 - Forms of Contracts

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    Al Cheeno Anonuevo
    The document discusses different forms of contracts under Philippine law. It states that contracts can be oral, written, or partly oral and partly written. It also distinguishes between express and implied contracts. The document then outlines exceptions where the law requires contracts to be in a specific form to be valid or enforceable. It provides examples of contracts that must be in writing, in a public document, or registered. The Statute of Frauds is also discussed as contracts that must be in writing to be enforceable.

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    Chapter 3 - Forms of Contracts

    Uploaded by

    Al Cheeno Anonuevo
    76 views16 pages
    The document discusses different forms of contracts under Philippine law. It states that contracts can be oral, written, or partly oral and partly written. It also distinguishes between express and implied contracts. The document then outlines exceptions where the law requires contracts to be in a specific form to be valid or enforceable. It provides examples of contracts that must be in writing, in a public document, or registered. The Statute of Frauds is also discussed as contracts that must be in writing to be enforceable.

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    Original Title

    CHAPTER 3 – FORMS OF CONTRACTS

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    The document discusses different forms of contracts under Philippine law. It states that contracts can be oral, written, or partly oral and partly written. It also distinguishes between express and implied contracts. The document then outlines exceptions where the law requires contracts to be in a specific form to be valid or enforceable. It provides examples of contracts that must be in writing, in a public document, or registered. The Statute of Frauds is also discussed as contracts that must be in writing to be enforceable.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    76 views16 pages

    Chapter 3 - Forms of Contracts

    Uploaded by

    Al Cheeno Anonuevo
    The document discusses different forms of contracts under Philippine law. It states that contracts can be oral, written, or partly oral and partly written. It also distinguishes between express and implied contracts. The document then outlines exceptions where the law requires contracts to be in a specific form to be valid or enforceable. It provides examples of contracts that must be in writing, in a public document, or registered. The Statute of Frauds is also discussed as contracts that must be in writing to be enforceable.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 16

    CHAPTER 3 – FORMS OF CONTRACTS

    CHAPTER 3 - FORMS OF CONTRACTS


    A contract may be oral, or in writing, or partly oral and partly
    in writing. It may be express when the parties expressly set
    forth their intentions, or implied when their intentions may be
    inferred from their actions or conduct.

    CHAPTER 3 - FORMS OF CONTRACTS


    ART. 1356 - Contracts shall be obligatory, in whatever form they
    may have been entered into, provided all the essential requisites
    for their validity are present. However, when the law requires that
    a contract be in some form in order that it may be valid or
    enforceable, or that a contract be proved in a certain way, that
    requirement is absolute and indispensable. In such cases, the right
    of the parties stated in the following articles cannot be exercised.

    CHAPTER 3 - FORMS OF CONTRACTS


    EXAMPLE:
    Val left a note in the store of Cyndi offering Php 1,000 for a
    table Cyndi is selling. The following day, Cyndi called Val by
    phone accepting the offer, in which Val promised to pay the
    next day.

    - The note and the oral acceptance constitute a legally


    enforceable contract and both parties are fully bound. A
    contract partly in writing and partly oral is, in legal effect, an
    oral contract.
    CHAPTER 3 - FORMS OF CONTRACTS
    GENERAL RULE:
    Whatever may be the form in which a contract may have been
    entered into, it shall be obligatory, provided all of the essential
    requisites for its validity are present.

    CHAPTER 3 - FORMS OF CONTRACTS


    EXCEPTIONS:
    (1)When the law requires that the contract must be in a certain
    form in order to be valid;
    (2) When the law requires that the contract must be in a certain
    form in order to be enforceable; and
    (3)When the law requires that the contract must be in a certain
    form for the convenience of the parties or for the purpose
    of affecting third persons.

    CHAPTER 3 - FORMS OF CONTRACTS


    FORMS FOR VALIDITY
    There are certain contracts for which the law prescribes certain forms
    for their validity. These contracts may be classified as follows:

    1.) Those which must appear in writing;


    2.) Those which must appear in a public document; and
    3.) Those which must be registered.

    CHAPTER 3 - FORMS OF CONTRACTS


    CONTRACTS WHICH MUST APPEAR IN WRITING
    ARE AS FOLLOWS:
    1) Donations of personal property whose value exceeds five thousand pesos. –
    According to Art. 748 of the Code, the donation and the acceptance shall be made in
    writing; otherwise, it shall be void.
    2) Sale of a piece of land or any interest therein through an agent. - According to Art.
    1874 of the Code, the authority of the latter shall be in writing; otherwise, the sale shall
    be void.
    3) Agreements regarding payment of interest in contracts of loan. - According to Art.
    1956 of the Code, no interest shall be due unless it has been expressly stipulated in
    writing. The validity of the contract of loan, however, is not affected.
    4) Antichresis. - According to Art. 2134 of the Code, in contracts of antichresis, the
    amount of the principal and of the interest shall be specified in writing; otherwise, the
    contract shall be void
    CHAPTER 3 - FORMS OF CONTRACTS
    CONTRACTS WHICH MUST APPEAR IN A
    PUBLIC DOCUMENT ARE AS FOLLOWS:
    (1) Donations of immovable property - According to Art. 749 of the
    Code, the donation must be made in a public document.
    (2) Partnerships where immovable property or real rights are
    contributed to the common fund - According to Arts. 1771 and
    1773 of the Code, in a contract of partnership where immovable
    property or real rights are contributed to the common fund, it is
    necessary that the contract must appear in a public instrument and
    that there must be an inventory of the immovable property or real
    rights, signed by the partners, and attached to the public instrument;
    otherwise, the contract is void.
    CHAPTER 3 - FORMS OF CONTRACTS
    CONTRACTS WHICH MUST BE
    REGISTERED ARE AS FOLLOWS:
    (1)Chattel mortgages - According to Art. 2140 of the Code,
    by a chattel mortgage, personal property is recorded in the
    Chattel Mortgage Register as a security for the performance
    of an obligation.
    (2)Sales or transfers of large cattle - According to the Cattle
    Registration Act, no sale or transfer of large cattle shall be
    valid unless it is duly registered and a certificate of transfer
    is secured
    CHAPTER 3 - FORMS OF CONTRACTS
    FORMS FOR ENFORCEABILITY
    The law requires that they be in writing subscribed by the
    party charged or by his agent. If the contract is not in writing,
    the contract is valid (assuming that all the requisites are
    present) but, upon the objection of a party, it cannot be proved
    and, therefore, it cannot be enforced unless it is ratified. Such
    cases are governed by the Statute of Frauds.

    CHAPTER 3 - FORMS OF CONTRACTS


    STATUTE OF FRAUDS
    ARTICLE 1403 - The following contracts are unenforceable, unless they are
    ratified:
    (2) Those that do not comply with the Statute of Frauds as set forth in this
    number. In the following cases an agreement hereafter made shall be
    unenforceable by action, unless the same, or some note or memorandum,
    thereof, be in writing, and subscribed by the party charged, or by his agent;
    evidence, therefore, of the agreement cannot be received without the writing,
    or a secondary evidence of its contents.

    CHAPTER 3 - FORMS OF CONTRACTS


    Art. 1357 - If the law requires a document or other special
    form, as in the acts and contracts enumerated in the following
    article, the contracting parties may compel each other to
    observe that form, once the contract has been perfected. This
    right may be exercised simultaneously with the action upon the
    contract.

    CHAPTER 3 - FORMS OF CONTRACTS


    ILLUSTRATION:
    A donated a real immovable property to B. in a private instrument. B
    accepted the donation in the same instrument. Later, B wanted to
    register the donation but registration requires a public instrument.

    Can B compel A to put the donation in a public instrument?

    No, because the donation is not valid. Donation of a real immovable


    property requires a public instrument to be valid (ART 749). For Article
    1357 to apply, the donation must be both valid and enforceable.

    CHAPTER 3 - FORMS OF CONTRACTS


    Art. 1358. The following must appear in a public document:
    (1) Acts and contracts which have for their object the creation, transmission,
    modification or extinguishment of real rights over immovable property; sales of real
    property or of an interest therein a governed by Articles 1403, No. 2, and 1405;
    (2) The cession, repudiation or renunciation of hereditary rights or of those of the
    conjugal partnership of gains;
    (3) The power to administer property, or any other power which has for its object an
    act appearing or which should appear in a public document, or should prejudice a
    third person;
    (4) The cession of actions or rights proceeding from an act appearing in a public
    document.
    All other contracts where the amount involved exceeds five hundred pesos must
    appear in writing, even a private one. But sales of goods, chattels or things in action
    are governed by Articles, 1403, No. 2 and 1405. (1280a)
    CHAPTER 3 - FORMS OF CONTRACTS
    LEGAL RECOGNITION OF ELECTRIC
    MESSAGES AND ELECTRIC DOCUMENTS
    R.A. No. 8792, otherwise known as the “Electronic Commerce Act”
    (June 14, 2000) gives legal recognition to any kind of electronic data
    message and electronic document used in the context of commercial
    and non-commercial activities to include domestic and international
    dealings, transactions, arrangements, agreements, contracts and ex-
    changes and storage of information.

    CHAPTER 3 - FORMS OF CONTRACTS

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