1. Concept Separation of property – refers to the separation of the exclusive and personal assets and/or properties of the husband and wife. a. How made Separation of property may either be: 1) Stipulated under a prenuptial agreement before marriage; or 2) Judicial separation of property during the marriage. 2. Prenuptial separation of properties The…
1. Concept In a solemn contract, compliance with certain formalities prescribed by law, such as in a donation of real property, is essential in order to make the act valid, the prescribed form being thereby an essential element thereof. (Asuncion v. CA, En Banc, G.R. No. 109125, December 2, 1994, Per Vitug, J.) Unlike ordinary contracts, which are…
1. Concept “Formal/solemn real contracts”– refer to contracts that requires both formality/solemnity and delivery of the thing. a. Essential Requisites Essential requisites of formal/solemn real contracts: 1) Consent 2) Object 3) Cause 4) Formality/solemnity 4) Delivery 1) Consent Consent, under Article 1319 of the Civil Code, is manifested by the meeting of the offer and…
1. Concept Article 1317. No one may contract in the name of another without being authorized by the latter, or unless he has by law a right to represent him. A contract entered into in the name of another by one who has no authority or legal representation, or who has acted beyond his powers,…
1. Concept Article 1316. Real contracts, such as deposit, pledge and commodatum, are not perfected until the delivery of the object of the obligation. (n) “Real contracts”– refer to contracts wherein delivery of the object is required in order to be perfected. [C]ontracts, other than real contracts are perfected by mere consent which is manifested…
1. Concept Article 1315. Contracts are perfected by mere consent, and from that moment the parties are bound not only to the fulfillment 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. (1258) Contracts are perfected by…
1. Concept Article 1314. Any third person who induces another to violate his contract shall be liable for damages to the other contracting party. (n) 1) Tortious interference refers “to a situation where a third person induces a party to renege on or violate [their] undertaking under a contract.” “Induce” here means “a person causes…
1. Concept Article 1313. Creditors are protected in cases of contracts intended to defraud them. (n) Related provisions: Article 759. There being no stipulation regarding the payment of debts, the donee shall be responsible therefor only when the donation has been made in fraud of creditors. The donation is always presumed to be in fraud of…
1. Concept Article 1312. In contracts creating real rights, third persons who come into possession of the object of the contract are bound thereby, subject to the provisions of the Mortgage Law and the Land Registration Laws. (n) 1) [A] real right is the power belonging to a person over a specific thing, without a…
1. Concept Article 1311. Contracts take effect only between the parties, their assigns and heirs, except in case where the rights and obligations arising from the contract are not transmissible by their nature, or by stipulation or by provision of law. The heir is not liable beyond the value of the property he received from…