1. Concept Article 1309. The determination of the performance may be left to a third person, whose decision shall not be binding until it has been made known to both contracting parties. (n) Article 1310. The determination shall not be obligatory if it is evidently inequitable. In such case, the courts shall decide what is…
1. Concept Article 1308. The contract must bind both contracting parties; its validity or compliance cannot be left to the will of one of them. (1256a) 1) The principle of mutuality of contracts is embodied in Article 1308 of the Civil Code. (Pabalan v. Sabnani, En Banc, Per Concurring Opinion of Caguioa, J.) 2) Mutuality…
1. Concept Article 1307. Innominate contracts shall be regulated by the stipulations of the parties, by the provisions of Titles I and II of this Book, by the rules governing the most analogous nominate contracts, and by the customs of the place. (n) 1) Innominate – means “having no name: unnamed. (Merriam-Webster Online Dictionary) 2)…
1. Concept Article 1306. The contracting parties may establish such stipulations, clauses, terms and conditions as they may deem convenient, provided they are not contrary to law, morals, good customs, public order, or public policy. (1255a) 1) Under the principle of autonomy of contracts, parties to an agreement are allowed to establish such stipulations, clauses,…
1. Concepts 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. (1254a) Related provision: Article 1318. There is no contract unless the following requisites concur: (1) Consent of the contracting parties; (2) Object certain which…
1. CPG Liquidation prior to Family Code Art. 131. Whenever the liquidation of the conjugal partnership properties of two or more marriages contracted by the same person before the effectivity of this Code is carried out simultaneously, the respective capital, fruits and income of each partnership shall be determined upon such proof as may be…
1. Estate settlement proceedings Art. 130. Upon the termination of the marriage by death, the conjugal partnership property shall be liquidated in the same proceeding for the settlement of the estate of the deceased. x x x 1) When a marriage ends because one spouse has died, the law requires that the conjugal partnership be…
1. Procedure Procedure for CPG Liquidation of Assets and Liabilities: Step 1: Inventory Step 2: Advances Step 3: Reimbursements Step 4: Debts and Obligations Step 5: Remaining Properties Step 6: Movable Properties Step 7: Net Remainder Step 8: Presumptive Legitimes Step 9: Conjugal Dwelling Step 1: Inventory Art. 129. Upon the dissolution of the conjugal…
1. Abandonment a. Definition Art. 128. x x x x x x A spouse is deemed to have abandoned the other when he or she has left the conjugal dwelling without intention of returning. x x x 1) A spouse is considered to have abandoned the other if he or she leaves the shared marital…
1. Separation in Fact a. No effect on CPG Art. 127. The separation in fact between husband and wife shall not affect the regime of conjugal partnership x x x 1) When a husband and wife are separated in fact — meaning they live apart or no longer share a household — their conjugal partnership…