click below
click below
Normal Size Small Size show me how
Oblicon Quiz 8
Question | Answer |
---|---|
ARTICLE 1305. A contract is a _____ ______ _____ between two persons whereby one binds himself, with respect to the other, to _____ _____ or to ______ some ______. (1254a) | 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) |
ARTICLE 1306. The contracting parties may establish such _____, _____, _____ and _____ as they may deem convenient, provided they are not contrary to ______, ______, ______ _____, _____ _____, or _____ _____. | 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. |
ARTICLE 1307. _____ contracts shall be regulated by the _____ 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 _____ of the place. | 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. |
ARTICLE 1308. The contract must bind both contracting parties; its _____ or _____ cannot be _______ to the _____ of _____ of them. (1256a) | ARTICLE 1308. The contract must bind both contracting parties; its validity or compliance cannot be left to the will of one of them. (1256a) |
ARTICLE 1309. The _____ of the _____ may be left to a third person, whose decision shall not be _____ until it has been _____ _____ to _____ _____ parties. (n) | 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 _____ if it is _____ _____. In such case, the courts shall decide what is _____ under the circumstances. | ARTICLE 1310. The determination shall not be obligatory if it is evidently inequitable. In such case, the courts shall decide what is equitable under the circumstances. |
ARTICLE 1311, part 1. Contracts take effect only between the _____, _____ _____ and _____, except in case where the rights and obligations arising from the contract are not _____ by their _____, or by _____ or by _____ of _____. | ARTICLE 1311, part 1. 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. |
ARTICLE 1311, part 2. xxx. The heir is not liable beyond the _____ of the _____ he received from the decedent. | ARTICLE 1311, part 2. xxx. The heir is not liable beyond the value of the property he received from the decedent. |
ARTICLE 1311, par. 2, part 1. If a contract should contain some _____ in favor of a _____ _____, he may demand its _____ provided he _____ his _____ to the obligor before its ______. | ARTICLE 1311, par. 2, part 1. If a contract should contain some stipulation in favor of a third person, he may demand its fulfillment provided he communicated his acceptance to the obligor before its revocation. |
ARTICLE 1311, par. 2, part 2.xxx. A mere ______ benefit or interest of a person is not sufficient. The contracting parties must have ______ and _____ _____ a _____ upon a third person. | ARTICLE 1311, par. 2, part 2.xxx. A mere incidental benefit or interest of a person is not sufficient. The contracting parties must have clearly and deliberately conferred a favor upon a third person. |
ARTICLE 1312. In contracts creating _____ _____, 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 _____ _____ Laws. | 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. |
ARTICLE 1313. Creditors are protected in cases of contracts _____ to _____ _____. (n) | ARTICLE 1313. Creditors are protected in cases of contracts intended to defraud them. (n) |
ARTICLE 1314. Any third person who _____ _____ to _____ his contract shall be liable for _____ to the other _____ _____. | ARTICLE 1314. Any third person who induces another to violate his contract shall be liable for damages to the other contracting party. |
ARTICLE 1315, part 1. Contracts are perfected by _____ _____, and from that moment the parties are bound not only to the _____ of what has been expressly stipulated xxx. | ARTICLE 1315, part 1. 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 xxx. |
ARTICLE 1315, part 2. xxx but also to _____ the _____ which, according to _____ _____, may be in keeping with _____ _____, _____ and _____. | ARTICLE 1315, part 2. xxx but also to all the consequences which, according to their nature, may be in keeping with good faith, usage and law. |
ARTICLE 1316. _____ contracts, such as _____, _____ and _____, are not perfected until the _____ of the object of the obligation. | ARTICLE 1316. Real contracts, such as deposit, pledge and commodatum, are not perfected until the delivery of the object of the obligation. |
ARTICLE 1317, part 1. No one may contract in the name of another without being _____ 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 xxx. | ARTICLE 1317, part 1. 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 xxx. |
ARTICLE 1317, 2. x or legal representation, or who has acted beyond his powers, shall be _______, unless it is _____, expressly or impliedly, by the person on whose behalf it has been executed, _____ it is _____ by the other _____ party. | ARTICLE 1317, 2. x or legal representation, or who has acted beyond his powers, shall be unenforceable, unless it is ratified, expressly or impliedly, by the person on whose behalf it has been executed, before it is revoked by the other contracting party. |
ARTICLE 1473. The fixing of the _____ can never be _____ to the _____ of _____ of the contracting parties. However, if the _____ fixed by _____ of the parties is _____ by the other, the sale is perfected. | ARTICLE 1473. The fixing of the price can never be left to the discretion of one of the contracting parties. However, if the price fixed by one of the parties is accepted by the other, the sale is perfected. |
ARTICLE 1490. The husband and the wife cannot _____ _____ to _____ _____, except: (1) When a separation of property was agreed upon in the _____ _____; or (2) When there has been a _____ _____ of property under article 191. (1458a) | ARTICLE 1490. The husband and the wife cannot sell property to each other, except: (1) When a separation of property was agreed upon in the marriage settlements; or (2) When there has been a judicial separation of property under article 191. (1458a) |
ARTICLE 1491, part 1. The following persons cannot acquire by ____, even at a _____ or _____ _____, either in _____ or through the _____ of another: (1) The ____, the property of the person or persons who may be under his _____; | ARTICLE 1491, part 1. The following persons cannot acquire by purchase, even at a public or judicial auction, either in person or through the mediation of another: (1) The guardian, the property of the person or persons who may be under his guardianship; |
ARTICLE 1491, part 2. xxx; (2) _____, the property whose _____ or _____ may have been intrusted to them, unless the _____ of the ______ has been given; (3) _____ and _____, the property of the estate under _____; xxx | ARTICLE 1491, part 2. xxx; (2) Agents, the property whose administration or sale may have been intrusted to them, unless the consent of the principal has been given; (3) Executors and administrators, the property of the estate under administration; xxx |
ARTICLE 1491, part 3. xxx; (4) _____ _____ and employees, the property of the State or of any subdivision thereof, or of any government-owned or controlled corporation, or institution, the _____ of which has been _____ to _____; xxx; | ARTICLE 1491, part 3. xxx; (4) Public officers and employees, the property of the State or of any subdivision thereof, or of any government-owned or controlled corporation, or institution, the administration of which has been intrusted to them; xxx; |
ARTICLE 1491., part 4 xxx; this provision shall apply to judges and government experts who, in any manner whatsoever, take part in the sale; | ARTICLE 1491., part 4 xxx; this provision shall apply to judges and government experts who, in any manner whatsoever, take part in the sale; |
ARTICLE 1491, part 5. xxx; (5) Justices, judges, prosecuting attorneys, clerks of superior and inferior courts, and other_____ and _____ connected with the _____ of _____, xxx; | ARTICLE 1491, part 5. xxx; (5) Justices, judges, prosecuting attorneys, clerks of superior and inferior courts, and other officers and employees connected with the administration of justice, xxx; |
ARTICLE 1491, p6. xxx, the _____ and _____ in _____ or ____ upon an execution before the court within whose jurisdiction or territory they exercise their _____ _____; this prohibition includes the act of acquiring by assignment xxx; | ARTICLE 1491, p6. xxx, the property and rights in litigation or levied upon an execution before the court within whose jurisdiction or territory they exercise their respective functions; this prohibition includes the act of acquiring by assignment xxx; |
ARTICLE 1491, part 7. xxx, and shall apply to lawyers, with respect to the property and rights which may be the object of any litigation in which they may take part by virtue of their profession; (6) Any others specially disqualified by law. (1459a) | ARTICLE 1491, part 7. xxx, and shall apply to lawyers, with respect to the property and rights which may be the object of any litigation in which they may take part by virtue of their profession; (6) Any others specially disqualified by law. (1459a) |
ARTICLE 1782. Persons who are ____ from _____ each other any _____ or _____ cannot enter into _____ _____. | ARTICLE 1782. Persons who are prohibited from giving each other any donation or advantage cannot enter into universal partnership. |
ARTICLE 1799. A stipulation which excludes _____ or _____ partners from any _____ in the _____ or _____ is void. | ARTICLE 1799. A stipulation which excludes one or more partners from any share in the profits or losses is void. |
ARTICLE 2088. The creditor cannot _____ the things given by way of _____ or _____, or _____ of them. Any stipulation to the contrary is _____ and _____. (1859a) | ARTICLE 2088. The creditor cannot appropriate the things given by way of pledge or mortgage, or dispose of them. Any stipulation to the contrary is null and void. (1859a) |
ARTICLE 2130. A stipulation forbidding the owner from _____ the _____ _____ shall be void. | ARTICLE 2130. A stipulation forbidding the owner from alienating the immovable mortgaged shall be void. |
ARTICLE. 87, Family Code, part 1. Every donation or grant of_____ _____, direct or indirect, _____ the _____ _____ the _____ shall be _____, xxx. (133a) | ARTICLE. 87, Family Code, part 1. Every donation or grant of gratuitous advantage, direct or indirect, between the spouses during the marriage shall be void, xxx. (133a) |
ARTICLE. 87, Family Code, part 2. xxx, except _____ _____ which the spouses may give each other on the occasion of any family rejoicing. The prohibition shall also apply to persons living together as husband and wife without a valid marriage. (133a) | ARTICLE. 87, Family Code, part 2. xxx, except moderate gifts which the spouses may give each other on the occasion of any family rejoicing. The prohibition shall also apply to persons living together as husband and wife without a valid marriage. (133a) |