Those who are particularly disqualified are prohibited, whether they are represented or not. You are absolutely excluded from entering into a contract. Our laws define the contract as “an encounter of minds between two persons, in which one undertakes to render or render a service in relation to the other” (Article 1305, New Civil Code of the Philippines). When two parties meet and agree on the terms of their contract, these terms have an intergovernmental state and must therefore be complied with in good faith (Section 1159, New Civil Code of the Philippines). The above obligations would apply to parties negotiating a contract. Sandra sells a piece of land to Ben. In the deed of sale, P100,000.00 is indicated as the price of the land. If this statement is false, there is no purchase contract. On the other hand, there are contracts that must be in a public document to be valid.

According to the Civil Code, the following contracts must be included in a public document: deed of gift of immovable property, partnership agreement in which immovable property or real rights are introduced, and assignment of a credit, a right or an act. Cause or consideration is the essential reason that motivates the parties to enter into a contract. It is the “why of the contract” that determines the nature of the contract. In the case of onerous contracts, this involves the promise of a service or thing by a party that does not need to be monetary, but could include other things or obligations of value. In the case of contracts for pecuniary interest, the cause is a service or objection that does not result from a legal obligation. In the case of free contracts, the cause is the generosity or generosity of a party. The latter mainly concerns donation contracts. No. 1 above contains an error in the nature of the contract, i.B. if the contracting parties believe that the other is selling, if both are actually buying. For the convenience of the parties and the courts, it is preferable that the cause or consideration be indicated in the contract. However, in the event that the contract does not state its cause, the presumption of the law applies that the cause exists and is lawful, unless the debtor proves otherwise.

For this consent to be sufficient for contractual purposes, it is not only necessary that it be available. Apart from the requirement that consent must be expressed by the combination of the offer and acceptance (art. 1319), there is no valid consent, except: article 1345. The simulation of a contract can be absolute or relative. The first occurs when the parties do not intend to be related at all; The latter, if the parties disguise their true agreement. Lucy doesn`t have to keep the offer open, she could offer it to someone else. However, if Nelli wants Lucy to keep the offer open. Nelli could offer Lucy an option contract. Under the option agreement, Lucy would keep the offer open for Nelli for a specified period of time. However, Nelli must be considerate of Lucy in order to keep the offer open.

Since Lucy is contractually obligated to keep the offer open for Nelli, she cannot make the offer to anyone. Maria Taklesa, owner of the Sarap-ler restaurant, is indebted to Jessica Sogo. When Maria Taklesa learned that Jessica Sogo would enforce her loan, she pretended to sell her restaurant to Jobee Lopez, her father-in-law. Maria Taklesa did not receive a single centavo for the deed of sale she executed and she remained in possession of the restaurant because the contract was simply simulated or fictitious. In this case, there is no purchase contract, since the parties do not intend to be related at all. The sale is just a deception. 1. the essence of the article which is the subject of the contract; or (2) the terms and conditions that motivated one or both parties primarily to enter into the Agreement; or (3) the identity or qualification of either party, if that was the primary reason for the contract. (a) Sarah sold her car to Ben. Sarah thought Ben, who is a lawyer, is a doctor.

The error here is not essential to avoid the contract. I manage a water filling station. I submitted a proposal to a neighbor who runs a daycare and offered to sell her 5-gallon jugs of purified water for P30 each. About a week later, I received the proposal that she had signed in the compliant part. I delivered him 120 pitchers of 5 gallons of purified water as well as a water dispenser that is still used in his daycare. I sent her the invoice, but she denied following my suggestion and insisted that there was no valid contract between us. How can I determine their responsibility to me? If Matata Kutin signs a document because every time he refuses, he is hit by the butt of the weapon, which causes blood to flow out of his head, then the contract is questionable. However, if Ben can prove that the contract is based on a different consideration, for example if Ben exchanged his car for the land, then the exchange or exchange contract (no sale) is valid.

In this case, the price statement is simulated because it is done intentionally. Otherwise, there is indeed a real consideration, but it is not the same as that stated in the contract. Those who are unable to give their consent to contracts are not prohibited from exercising their right to enter into a contract. You can always do this through a guardian with the consent of the court. For fraud to affect consent and be a ground for cancelling a contract, the following conditions must be met: Article 1330. A contract in which consent is given by mistake, violence, intimidation, undue influence or fraud is voidable. Intimidation occurs when one of the Contracting Parties is compelled to give its consent out of a well-founded and well-founded fear of imminent and serious harm against his person or property or his spouse, descendants or ascendants. Arlene bought a magic pen that was depicted as it can also be used to write underwater. Arlene also knew that the pen`s capacity was questionable, and yet Arlene bought this pen. Arlene cannot plead any error in the present case, since it knew in advance the doubts, risks or contingencies related to the subject matter of the contract.

(3) There is also no error as to the reasons for the contract in the consent, unless the reasons represent a condition or cause of the contract. As a result, the stronger party exploits the weaker party in a contract. Article 1332 therefore protects the weak and disadvantaged. Death: Feona offers to sell her resort in Shrek for an amount of 1.5 million pesos, but before the day they meet for payment and their contract is concluded, Feona has died, so the meeting of the spirit of the two parties has become ineffective because of Feona`s death. I have given a few lectures on commitments and contracts for business people with startups in collaboration with the Ministry of Trade and Industry. I noticed that one of the most common misconceptions is that “contracts must always be written, otherwise there is no contract to speak of”. On the other hand, the following contracts must be in at least one private instrument for their validity: 1.) donation of personal property and its acceptance, if the value of it exceeds P5,000; 2.) Agency for the sale of land or participation therein; 3.) Treaty of Antichrese; 4.) Provisions relating to the payment of interest on the loan; and 5.) Provisions to reduce the extraordinary care of the joint carrier and to limit its liability. However, when a party responds to an offer by proposing some form of modification of the offer, this proposal is called a “counter-offer”, and there is still no legal contract to speak of.

In the second scenario, the responsibility for accepting, rejecting or proposing another counter-offer is transferred to the original supplier. Alex sold it to Ben for 400,000 pesos because Carlo made a false statement to Alex that his car was only worth 400,000 pesos. Alex cannot cancel the contract due to a false statement by Carlo unless it is proven that Carlo cooperated with Ben by distorting the value of the car We think you may be able to reach an agreement between you and your neighbor on the terms of your contract. You mentioned in your letter that she signed the compliance portion of your proposed letter that was returned to you a week after it was sent to you. You can use it to prove her consent, because by signing it, she accepted the terms of your proposal and tied her and the daycare. The cause is the essential or more detailed objective that the contracting parties have in mind at the time of the conclusion of the contract. If Marsha envies John for her house, there will be no way Marsha can have John`s house unless John gives it to her (in which case John`s generosity or generosity would be the cause of the contract). .