OBLICON_GENERAL PROVISIONS OF CONTRACTS PART 1
Summary
TLDRAttorneys Ben and April M delve into the general provisions of contracts in this informative video. They explain the concept of a contract as a 'meeting of minds' where parties agree to exchange something or provide a service, emphasizing the binding effect of contracts under the law. The video outlines essential elements like consent, object, and consideration, and discusses natural and accidental elements in contracts. It also covers the limitations on contractual stipulations, such as adherence to law and public policy. The attorneys highlight the characteristics of contracts, including mutuality, obligatory force, and relativity, and touch upon classifications of contracts based on subject matter, name, and perfection. The video is an educational resource for students and anyone interested in understanding the fundamentals of contracts in law.
Takeaways
- 📜 A contract is defined as a meeting of minds between two parties where one party binds themselves to give something or render a service to the other.
- 🏛 The term 'contractus' originates from Latin and refers to a juridical convention where parties bind themselves to fulfill obligations, to give, do, or not do something.
- 🔗 The binding effect of a contract means that the obligations arising from it have the force of law between the contracting parties.
- ⚖️ Mutuality in contracts implies that both parties are bound by the contract, ensuring essential equality and fairness.
- 📚 Contracts are a source of obligations, and obligations are the legal ties that exist after a contract is executed.
- 🚫 Not all agreements are contracts; an agreement is broader as it may not have all the elements that a contract requires.
- 🔑 Essential elements of a contract include consent, object or cause, and consideration (referred to as C.O.C.).
- 📝 Natural elements are those found in certain contracts and presumed to exist unless stipulated otherwise, such as the warranty against defects in a sale.
- 📑 Accidental elements are stipulations that may be agreed upon by the parties, subject to limitations set by law and public policy.
- 📐 The characteristics of a contract include obligatory force, mutuality, and relativity, which define how contracts bind parties and their enforceability.
- 🔍 Classifications of contracts can be based on subject matter, name, or perfection, each with specific legal implications and requirements.
Q & A
What is the definition of a contract according to Article 1305?
-A contract is a meeting of minds between two persons, whereby one binds himself with respect to the other, to give something or to render some service.
What does the term 'contractus' originate from and what does it mean?
-The term 'contractus' originates from the Latin word and means a juridical convention manifested in legal form by virtue of which one or more persons bind themselves to the fulfillment of a prestation to give, to do, or not to do.
What is the binding effect of a contract?
-The binding effect is that the obligations arising from a contract have the force of law as between the contracting parties.
What is the difference between a contract and an agreement?
-An agreement is broader than a contract since the former may not have all the elements that the latter has. All contracts are considered agreements, but not all agreements are considered contracts.
What are the essential elements of a contract?
-The essential elements of a contract are consent, object or cause, and consideration.
What are natural elements in a contract?
-Natural elements are those found in certain contracts and presumed to exist unless the contrary has been stipulated, such as the warranty against heat defects in a contract of sale.
What is the significance of the principle of mutuality in contracts?
-Mutuality ensures that the validity and performance of contracts cannot be left to the sole will of only one of the contracting parties. Both parties are bound to comply with its terms and conditions based on their essential equality.
What is the principle of relativity in contracts?
-The principle of relativity states that only the contracting parties and their successors are bound by the contract, meaning the effect of a contract extends only between the parties, their assigns, and their heirs.
What are the limitations on contractual stipulations according to Article 1306?
-Contracts should be in accordance with the law, not contrary to it, not immoral, not contrary to good customs, and not contrary to public order or public policy.
What is the difference between consensual and real contracts?
-Consensual contracts are perfected by mere consent, binding the parties to fulfill what has been stipulated and all consequences in keeping with good faith, usage, and law. Real contracts, on the other hand, require a specific formality or act to be perfected, such as the delivery of the subject matter.
What is the significance of the obligation to give support in contracts?
-The obligation to give support is an example of a non-transmissible contract, as it requires special personal qualifications of the obligor and is not transmitted to the heirs but to the estate.
How does the principle of unjust enrichment apply to contracts?
-The principle of unjust enrichment applies to contracts like the nominee contract of 'I do that you may give', where one cannot unjustly enrich themselves at another's expense, such as a lawyer who renders services to a friend still having the right to collect fees.
Outlines
📜 Introduction to Contracts and Obligations
Attorneys Ben and April M introduce the topic of contracts, emphasizing the concept of a 'meeting of minds' where one party binds themselves to another to provide something or render a service. They delve into the definition of a contract, its Latin and French roots, and its manifestation as a juridical convention. The binding effect of contracts and the principle of mutuality are discussed, highlighting that obligations arising from contracts have the force of law between the parties involved. The video also distinguishes between contracts and mere agreements, explaining that while all contracts are agreements, not all agreements are contracts due to the presence of essential elements in contracts.
🔍 Essential Elements and Characteristics of Contracts
The video script outlines the essential elements of a contract, known as 'COA' (Consent, Object, and Cause), and natural elements that are presumed to exist unless stipulated otherwise. It also touches on the limitations of contractual stipulations, as per Article 1306 of the Civil Code, and the constitutional right to enter into contracts, with a caution that this freedom applies only to legally valid contracts. The characteristics of contracts, including obligatory force, mutuality, and relativity, are explained, emphasizing that contracts are binding as law between parties and that both parties are equally bound to fulfill the terms and conditions.
🔗 The Relativity and Enforceability of Contracts
This section discusses the principle of relativity in contracts, stating that contracts bind only the parties involved, their assigns, and their successors, with exceptions for certain personal contracts that are not transmissible. It also addresses the enforceability of contracts, explaining that a contract entered in another's name without consent is unenforceable unless ratified. The video highlights the importance of consent and authority in binding a person to a contract, and the implications of entering contracts in the name of another without proper authorization.
📚 Classification of Contracts Based on Various Criteria
The script provides a classification of contracts based on subject matter, such as contracts involving things, services, or rights/credits. It also classifies contracts by their specific name or designation in the law, such as partnership, sale, and agency. Additionally, it mentions contracts that have no specific name or designation, like when something is given without consideration. The video also touches on the concept of 'quasi-contracts' or 'nominee contracts,' which are based on the principle of unjust enrichment and can apply to various professions, not just lawyers.
🏢 Perfection of Contracts and Legal Formalities
The video script explains the concept of contract perfection, distinguishing between consensual contracts, which are perfected by mere consent, and real contracts, which require the delivery of the subject matter. It provides examples of real contracts, such as deposit and pledge, and emphasizes that these contracts are not perfected until the object of the obligation is delivered. The necessity of complying with certain legal formalities for the validity and enforceability of contracts, particularly for the conveyance of real property, is also highlighted.
📝 Solemn Contracts and Legal Formalities
The final paragraph focuses on solemn contracts, which require compliance with specific legal formalities, such as the use of a public instrument for the conveyance of real property. The script underscores the importance of these formalities as essential elements for the validity and enforceability of such contracts.
Mindmap
Keywords
💡Contract
💡Offer and Acceptance
💡Mutuality
💡Legal Tie
💡Essential Elements
💡Natural Elements
💡Accidental Elements
💡Binding Effect
💡Relativity of Contracts
💡Enforceability
💡Public Policy
Highlights
Definition of a contract as a meeting of minds between two persons.
Origin of the word 'contractus' from Latin and French words.
Binding effect of contracts and the force of law they possess among contracting parties.
Mutuality in contracts, ensuring both parties are bound and not just one.
Contracts as a source of obligations and the legal tie that exists post-contract execution.
Difference between an agreement and a contract in terms of enforceability.
Essential elements of a contract: consent, object or cause, and consideration.
Natural elements in contracts that are presumed to exist unless stipulated otherwise.
Limitations on contractual stipulations according to Article 1306 of the Civil Code.
The right to enter into a contract as guaranteed by the 1987 Philippine Constitution.
Characteristics of a contract: obligatory force, mutuality, and relativity.
Exceptions to the rule that obligation of contracts should not be impaired.
Relativity of contracts and their binding nature to only the contracting parties and their successors.
Classification of contracts according to subject matter, name, and perfection.
Explanation of consensual contracts that are perfected by mere consent.
Real contracts like deposit, pledge, and commodatum that require delivery for perfection.
Solemn contracts that require compliance with certain legal formalities for validity.
Transcripts
[Music]
hi
everyone welcome to my channel always
remember ignorance of the law excuses no
one
this is
good engineering to all the students and
to all of
you who are tuning in in this video
lecture so we're just done
discussing the first part of obligations
and contracts that is obligation
and now we are here to talk about
contracts again i am attorney ben
and i'm attorney april m and we are here
to discuss to you the general provisions
of
contracts starting with article 1305
attorneys
a contract is a meeting of minds between
two persons
whereby one binds himself with respect
to the other
to give something or to render some
service
so this is actually the definition which
emphasizes
the contracting part is meeting of mines
which should take place when the offer
by one party is accepted by the others
but
[Music]
word contractus and from the french word
contra and it is what it is a juridical
convention manifested
in legal form by virtue of which one or
more persons or parties bind themselves
in favor
of another or others or reciprocally to
the fulfillment
of a prestigation to give to do or not
to do
so accordingly
[Music]
and since we've said that there is
already a meeting of mine yes
mines between the the parties therefore
the contract
has its binding effect right and then
binding effect
so in binding effect is that the
obligations
that arise from a contract have the
force of
law as between the contracting parties
so
article 1159 of the civil code
and since it has the force of loss
between the parties
there must be mutuality between the
parties based on their
essential equality to which is repugnant
to have one party bound by the contra
leaving the other free they're from so
it's a dino combining
some party to the contract yes
to the other right um it's unfair
and it doesn't make sense
of what they've agreed upon right so
based on law and contract is one of the
sources
of the obligations on the other hand the
obligation per se
is the legal tie or relation that exists
after a contract has been executed
so in addition to this as a form of
agreement contracts are
enforceable through legal proceedings
while
mere moral or social agreements are
those which cannot be enforced by action
in the course of justice so you know i
know
you know unique as a source of
obligation yes so you can enforce this
in the courts of law yes so an agreement
is broader than a contract since the
former may not have all the elements
that the latter has
[Music]
is
hence if there is no obligation to begin
with can there be a contract
no a contract will not exist if there is
no obligation to begin with
on the other hand obligations may exist
even without a contract being entered
into daniel
so take note of that and in the same 10
or
all contracts are considered agreements
but but not all agreements are
considered contracts
now let's proceed attorney orders uh one
of the more important
uh provisions in under contract which is
the elements of the contract
so we have essential elements and we
also have
natural and accidental elements
[Music]
so essential elements are those without
which no contract can validly exist
they are also known as the essential
requisites of a contract
so consent object or cause
and consideration so remember c
o c all right c o c stands for consent
over object
eventually nothing
some natural elements those found in
certain contracts and presumed to exist
unless the contrary has been stipulated
for example in a contract of sale
yes um one of its natural elements is
the warranty
no against heat defects
it's already given implied natural
element of a contract okay they are
presumed to exist
[Music]
stipulations that may be agreed upon by
the constructing parties in a contract
there must be a payment for interest uh
there is no
yeah there is no
[Music]
[Music]
[Music]
not allowed by law because your object
which is one of the essential requisites
i void
so you know contrary to public policy
freedom and limitations on contractual
stipulation
under article 1306 of the newspaper
so we invite uh the students to open her
code provisions and read it directly
from
your code first stop a turning away
so one of the liberties being guaranteed
by the constitution to every individual
is the right to enter into a contract in
accordance with article 3
section 10 of the 1987 philippine
constitution
so caution must be made however that
this freedom to contract refers only to
legally valid ones so yes again means
or anyway that's the freedom to contract
so
that's guaranteed by the philippine
constitution and towards the latter
partners in albania
[Music]
one of the limitations in construction
stipulations is that first
contracts should be in accordance with
the law
not contrary to it so if it's contrary
to the law
of freedom right next contracts
should not
is not uh moral and you cannot do that
anyway
contracts should not be contrary to good
customs
customs and contracts should not be
contrary
to public order or public policy
and the contracts of the parties must
conform with the law in force
at that time the hot shock was executed
you know so a materiality tornado is
that at that time that
the contract was excited
uh during that time so let's proceed to
the characteristics of a contract so una
marathon
obligatory force of a contract we have
mutuality of contracts
we also have relativity of contracts
so that law of obligatory force
mutuality
and relativity obligatory force which
means that
a contract constitutes as the law
between the contracting parties
you're obliged to comply it's the law
between the parties
it's the law between the parties so and
there's no problem as regards that how
about mutuality
the validity and performance of
contracts cannot be left to the soul
will of only one of the contracting
parties
so by the mutuality of contracts both
parties are bound to comply with its
terms and conditions
this principle is based on the essential
equality of the parties
because it is repugnant to bind one
party and yet
leave the other three
it must be consensual no i mean um it
should
apply to both
[Music]
obligation of contracts should not be
impaired
is that is that absolute or anyway of
course
in general exceptions or limitations
so the rule that obligation of contracts
should not be impaired is not absolute
thus the free exercise of religious
beliefs is superior to
contractual rights so can you give us an
example attorney
for example the belief of a religious
sect that its members should not join a
labor organization or participate in a
collective bargaining agreement so
nothing will make lashing um between
[Music]
can you really impair the obligation of
contracts as regards the labor
organization to give way for
the religious belief of that person the
answer is
yes
young rule that the obligation of
concussion not being impaired
right that's in the case of an essential
universe
nationally and under the mutuality
principle next anyway so
next characteristics i characteristic i
am relativity of contracts
only the contracting parties and their
successors are bound by the contract
yes
so as a general rule again the effect of
a contract
extends only between the parties their
assigns
and their errors all right
a pancha takes effect only between the
parties their assignments
and errors except in the case of in
transmissible
uh so many similar transmissible
contracts they are purely personal for
example
partnership and agency because when a
partner
when a partner dies or when an agent
dies
partnership systems exist
[Music]
in transmissible contracts in very
nature of the obligation that requires
special personal qualifications of the
obligor
like support
obligation to give support
payment of money or that's not
transmitted to the heirs but
to the estate or by the dino menu
insurance miscible contract
are you stipulated by the parties to be
in transmissible wedding
from the beginning but the party is
stipulated otherwise
again if it's the stipulation in the one
chocolates then low
yes provided it's not contrary to no
more customs public order and public
policy
okay so another rule uh under relativity
is that no one may contract in the name
of
another a person as a general rule
cannot be bound by a contract which was
entered into
another without his knowledge or to
which he has not
given consent but hence no one should
enter into a contract in the name of
another without the latter's authority
or consent
now
uh the same so otherwise the same
contract shall be considered as
unenforceable
so enforceable unless ratified by him
before the revocation
by the other constructing party that's
an interesting topic towards
the end of contracts no no um
[Music]
yeah there are different kinds of
contracts classification and let's
proceed with the classifications of
contracts and
it could be according to subject matter
according to name according to
perfection
so so a classification of contracts
according to subject matter
we have things like in a contract of
sale
we have services like in a contract of
agency or a list of services
we also have uh rights or credits
provided these are transmissible like a
contract of use of wrap or
assignment of credits subject matter
and subject matter is things like
support of sales
rights or credits provided
[Music]
[Music]
specific name or designation in the law
for example
partnership sale agency or deposit
yes how would you nominate a specific
assume dominate
yeah with a specific name or designation
indo
for example in sale when you bought
something
uh for example when you um
you give anything to a person without uh
consideration that's
that which has no specific name or
designation in law
there are different kinds of you know we
need one yeah first officials
[Music]
that you may give i give that to me
[Music]
i give
[Music]
so i do that you may do
but i would just like to reiterate there
is a first uh kind of
nominee nothing you said do with this um
it no longer uh is an innovative
contract because it has already been
given a name of its own that is
[Music]
so if i give you my cell phone and then
you give me for example a
there is a lawyer for example an
attorney who renders legal
services for a close friend um
can the lawyer still charge young
friends
for authorities fees even in the absence
of an
agreement they're gone yes because this
is because of the
nominee contract of fascist or i do that
you may give
which in turn is based on the principle
that
one cannot unjustly enrich himself at
another's expenses
versus court of affairs and i think it
doesn't just apply to
lawyers all kinds of professions
it be as a civil engineer if you do a
work for
someone as to how much
and you still have a right to collect
which you wanna love um
[Music]
okay
which is according to perfection so we
have three
under according to perfection merida
consensual
which
[Music]
are perfected by mere consent and from
that moment the parties are bound not
only to fulfill of what has been
expressly stipulated
but also to all the consequences which
according to their nature may be in
keeping with good faith
usage and law i think
if you're a student of public one you're
supposed to know
hindi yes
[Music]
is there a contract of sale between
apparently and apparently
even in the absence of european
agreement yes the answer is
yes yes but there must be an intention
which is perfected by the delivery of
the subject
matter of the contract examples are
deposited
of the thing which is the subject matter
of the contract
yes
examples
[Music]
[Music]
is
[Music]
there is if the statement is that in
that case there is already a perfected
contract of pledge
because uh because there is only the
meeting of the minds
so the answer is false because pledge
is a real contract and meeting of minds
is not enough there must be delay
the thing or the subject matter
take note of that okay
oh my gosh covford casino article 11
article 13 16. bill contracts such as
deposit
pledge and commodatum are not perfected
until the delivery of
the subject of the object of
i'm the obligation source more
basically
[Music]
so solemn contract requires compliance
with certain formalities prescribed by
law
such prescribed form being there by an
essential element thereof
for example the nation of real property
which must be in a public
instrument oh
meeting of mine there is
a certain formality prescribed by law in
order for
it to be valid and enforceable
[Music]
the foreign
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