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Oblicon Quiz 10
| Question | Answer |
|---|---|
| ARTICLE 1347, part 1. All things which are not outside the _____of _____, including _____ _____, may be the object of a contract. All rights which are _____ _____ may also be the object of contracts. | ARTICLE 1347, part 1. All things which are not outside the commerce of men, including future things, may be the object of a contract. All rights which are not intransmissible may also be the object of contracts. |
| ARTICLE 1347, part 2. xxx. No contract may be entered into upon _____ _____ except in cases expressly authorized by law. | ARTICLE 1347, part 2. xxx. No contract may be entered into upon future inheritance except in cases expressly authorized by law. |
| ARTICLE 1347, part 3. xxx. All services which are not contrary to _____, _____, good customs, _____ _____ or public policy may likewise be the object of a contract. | ARTICLE 1347, part 3. xxx. All services which are not contrary to law, morals, good customs, public order or public policy may likewise be the object of a contract. |
| ARTICLE 1348. _____ things or services cannot be the object of contracts. (1272) | ARTICLE 1348. Impossible things or services cannot be the object of contracts. (1272) |
| ARTICLE 1349, part 1. The object of every contract must be _____ as to its kind. | ARTICLE 1349, part 1. The object of every contract must be determinate as to its kind. |
| ARTICLE 1349, part 2. xxx. The fact that the _____ is not determinate shall not be an obstacle to the existence of the contract, provided it is possible to determine the same, without the need of a _____ _____ between the parties. | ARTICLE 1349, part 2. xxx. The fact that the quantity is not determinate shall not be an obstacle to the existence of the contract, provided it is possible to determine the same, without the need of a new contract between the parties. |
| ARTICLE 1350, part 1. In onerous contracts the cause is understood to be, for each contracting party, the _____ or _____ of a thing or service by the other; xxx. | ARTICLE 1350, part 1. In onerous contracts the cause is understood to be, for each contracting party, the prestation or promise of a thing or service by the other; xxx. |
| ARTICLE 1350, part 2. xxx; in _____ ones, the _____ or _____ which is remunerated; and in contracts of pure beneficence, the _____ _____ of the benefactor. | ARTICLE 1350, part 2. xxx; in remuneratory ones, the service or benefit which is remunerated; and in contracts of pure beneficence, the mere liberality of the benefactor. |
| ARTICLE 1351. The _____ _____ of the parties in _____ into a contract are different from the cause thereof. (n) | ARTICLE 1351. The particular motives of the parties in entering into a contract are different from the cause thereof. (n) |
| ARTICLE 1352. Contracts _____ cause, or _____ _____ cause, _____ no _____ whatever. The cause is _____ if it is _____ to law, morals, good customs, public order or public policy. (1275a) | ARTICLE 1352. Contracts without cause, or with unlawful cause, produce no effect whatever. The cause is unlawful if it is contrary to law, morals, good customs, public order or public policy. (1275a) |
| ARTICLE 1353. The statement of a _____ ______ in contracts shall render them _____, if it should not be proved that they were founded upon _____ ______ which is _____ and _____. (1276) | ARTICLE 1353. The statement of a false cause in contracts shall render them void, if it should not be proved that they were founded upon another cause which is true and lawful. (1276) |
| ARTICLE 1354. Although the cause is not stated in the contract, it is presumed that it _____ and is _____, unless the _____ proves the contrary. (1277) | ARTICLE 1354. Although the cause is not stated in the contract, it is presumed that it exists and is lawful, unless the debtor proves the contrary. (1277) |
| ARTICLE 1355. Except in cases specified by law, _____ or _____ of _____ shall not invalidate a contract, unless there has been _____, _____ or _____ _____. (n) | ARTICLE 1355. Except in cases specified by law, lesion or inadequacy of cause shall not invalidate a contract, unless there has been fraud, mistake or undue influence. (n) |
| ARTICLE 1356, part 1. Contracts shall be obligatory, in whatever form they may have been entered into, provided all the _____ _____ for their validity are present. xxx | ARTICLE 1356, part 1. Contracts shall be obligatory, in whatever form they may have been entered into, provided all the essential requisites for their validity are present. xxx |
| ARTICLE 1356, part 2. xxx. However, when the law requires that a contract be in some form in order that it may be valid or enforceable, or that a contract be proved in a certain way, that requirement is _____ and _____. | ARTICLE 1356, part 2. xxx. However, when the law requires that a contract be in some form in order that it may be valid or enforceable, or that a contract be proved in a certain way, that requirement is absolute and indispensable. |
| ARTICLE 1356, part 3. xxx. In such cases, the right of the parties stated in the following article cannot be exercised. | ARTICLE 1356, part 3. xxx. In such cases, the right of the parties stated in the following article cannot be exercised. |
| ARTICLE 1357, part 1. If the law requires a document or other special form, as in the acts and contracts enumerated in the following article, the contracting parties may compel each other to ______ that _____, once the contract has been perfected. xxx | ARTICLE 1357, part 1. If the law requires a document or other special form, as in the acts and contracts enumerated in the following article, the contracting parties may compel each other to observe that form, once the contract has been perfected. xxx |
| ARTICLE 1357, part 2. xxx. This right may be exercised simultaneously with the action upon the contract. | ARTICLE 1357, part 2. xxx. This right may be exercised simultaneously with the action upon the contract. |
| ARTICLE 1358, part 1. The following must appear in a public document: (1) Acts and contracts which have for their object the _____, _____, _____ or _____ of real rights over immovable property; xxx; | ARTICLE 1358, part 1. The following must appear in a public document: (1) Acts and contracts which have for their object the creation, transmission, modification or extinguishment of real rights over immovable property; xxx; |
| ARTICLE 1358, part 2. (1)xxx; ______ of real property or of an interest therein are governed by articles 1403, No. 2, and 1405; (2) The _____, _____ or _____ of hereditary rights or of those of the _____ _____ of gains; | ARTICLE 1358, part 2. (1)xxx; sales of real property or of an interest therein are governed by articles 1403, No. 2, and 1405; (2) The cession, repudiation or renunciation of hereditary rights or of those of the conjugal partnership of gains; |
| ARTICLE 1358, part 3. xxx (3) The power to _____ _____, or any other power which has for its object an act appearing or which should appear in a public document, or should prejudice a third person; | ARTICLE 1358, part 3. xxx (3) The power to administer property, or any other power which has for its object an act appearing or which should appear in a public document, or should prejudice a third person; |
| ARTICLE 1358, part 4. xxx (4) The cession of actions or rights proceeding from an act appearing in a public document. | ARTICLE 1358, part 4. xxx (4) The cession of actions or rights proceeding from an act appearing in a public document. |
| ARTICLE 1358, part 5. xxx All other contracts where the _____ _____ _____ _____ _____ _____ must appear in writing, even a private one. But sales of goods, chattels or things in action are governed by articles 1403, No. 2 and 1405. (1280a) | ARTICLE 1358, part 5. xxx All other contracts where the amount involved exceeds five hundred pesos must appear in writing, even a private one. But sales of goods, chattels or things in action are governed by articles 1403, No. 2 and 1405. (1280a) |
| ARTICLE 1359, part 1. When, there having been a meeting of the minds of the parties to a contract, their _____ _____ is not _____ in the instrument purporting to embody the agreement, xxx | ARTICLE 1359, part 1. When, there having been a meeting of the minds of the parties to a contract, their true intention is not expressed in the instrument purporting to embody the agreement, xxx |
| ARTICLE 1359, part 2. xxx, by reason of _____, _____, _____ _____ or _____, one of the parties may ask for the _____ of the instrument to the end that such _____ _____ may be expressed. | ARTICLE 1359, part 2. xxx, by reason of mistake, fraud, inequitable conduct or accident, one of the parties may ask for the reformation of the instrument to the end that such true intention may be expressed. |
| ARTICLE 1359, part 3. xxx If _____, _____, _____ _____, or _____ has _____ a meeting of the minds of the parties, the proper remedy is not reformation of the instrument but _____ of the contract. | ARTICLE 1359, part 3. xxx If mistake, fraud, inequitable conduct, or accident has prevented a meeting of the minds of the parties, the proper remedy is not reformation of the instrument but annulment of the contract. |
| ARTICLE 1366. There shall be no reformation in the following cases: (1) _____ _____ _____ _____ wherein no condition is imposed; (2) _____; (3) When the real agreement is _____. | ARTICLE 1366. There shall be no reformation in the following cases: (1) Simple donations inter vivos wherein no condition is imposed; (2) Wills; cd (3) When the real agreement is void. |
| ARTICLE 1367. When one of the parties has brought an action to _____ the _____, he cannot _____ _____ for its _____. | ARTICLE 1367. When one of the parties has brought an action to enforce the instrument, he cannot subsequently ask for its reformation. |
| ARTICLE 1368. Reformation may be ordered at the instance of _____ ______ or his successors in interest, if the _____ was _____; otherwise, upon petition of the _____ _____, or his heirs and assigns. | ARTICLE 1368. Reformation may be ordered at the instance of either party or his successors in interest, if the mistake was mutual; otherwise, upon petition of the injured party, or his heirs and assigns. |
| ARTICLE 1369. The procedure for the reformation of instrument shall be governed by _____ _____ _____ to be promulgated by the Supreme Court. | ARTICLE 1369. The procedure for the reformation of instrument shall be governed by rules of court to be promulgated by the Supreme Court. |
| ARTICLE 1403, part 1. The following contracts are unenforceable, unless they are ratified: (1) Those entered into in the name of another person by one who has been given _____ _____ or _____ _____, or who has acted _____ his _____; xxx | ARTICLE 1403, part 1. The following contracts are unenforceable, unless they are ratified: (1) Those entered into in the name of another person by one who has been given no authority or legal representation, or who has acted beyond his powers; xxx |
| ARTICLE 1403, part 2. xxx (2) Those that do not comply with the Statute of Frauds as set forth in this number. In the following cases an agreement hereafter made shall be unenforceable by action, xxx | ARTICLE 1403, part 2. xxx (2) Those that do not comply with the Statute of Frauds as set forth in this number. In the following cases an agreement hereafter made shall be unenforceable by action, xxx |
| ARTICLE 1403, part 3. (2) xxx, unless the same, or some _____ or _____, thereof, be in _____, and _____ by the party _____, or by his agent; | ARTICLE 1403, part 3. (2) xxx, unless the same, or some note or memorandum, thereof, be in writing, and subscribed by the party charged, or by his agent; |
| ARTICLE 1403, part 4. (2) xxx; evidence, therefore, of the agreement cannot be received without the writing, or a secondary evidence of its contents: (a) An agreement that by its terms is _____ _____ _____ _____ a _____ from the _____ thereof; | ARTICLE 1403, part 4. (2) xxx; evidence, therefore, of the agreement cannot be received without the writing, or a secondary evidence of its contents: (a) An agreement that by its terms is not to be performed within a year from the making thereof; |
| ARTICLE 1403, part 5. (2) xxx (b) A _____ _____ to answer for the _____, _____, or _____ of another; (c) An agreement made in consideration of _______, other than a _____ _____ to _____; | ARTICLE 1403, part 5. (2) xxx (b) A special promise to answer for the debt, default, or miscarriage of another; (c) An agreement made in consideration of marriage, other than a mutual promise to marry; |
| ARTICLE 1403, part 6. (2) xxx (d) An agreement for the sale of _____, _____ or things in action, at a price _____ _____ than _____ _____ pesos, unless the buyer accept and receive part of such goods and chattels, xxx | ARTICLE 1403, part 6. (2) xxx (d) An agreement for the sale of goods, chattels or things in action, at a price not less than five hundred pesos, unless the buyer accept and receive part of such goods and chattels, xxx |
| ARTICLE 1403, part 7. (2) xxx (d) xxx, or the evidences, or some of them, of such things in action, or pay at the time some part of the purchase money; but when a sale is made by auction and entry is made by the auctioneer in his sales book, xxx | ARTICLE 1403, part 7. (2) xxx (d) xxx, or the evidences, or some of them, of such things in action, or pay at the time some part of the purchase money; but when a sale is made by auction and entry is made by the auctioneer in his sales book, xxx |
| ARTICLE 1403, part 8. (2) xxx (d) xxx, at the time of the sale, of the amount and kind of property sold, terms of sale, price, names of the purchasers and person on whose account the sale is made, it is a sufficient memorandum; | ARTICLE 1403, part 8. (2) xxx (d) xxx, at the time of the sale, of the amount and kind of property sold, terms of sale, price, names of the purchasers and person on whose account the sale is made, it is a sufficient memorandum; |
| ARTICLE 1403, part 9. (2) xxx (e) An agreement for the _____ for a longer period than _____ _____, or for the _____ of _____ _____ or of an _____ therein; (f) A _____ as to the _____ of a third person. | ARTICLE 1403, part 9. (2) xxx (e) An agreement for the leasing for a longer period than one year, or for the sale of real property or of an interest therein; (f) A representation as to the credit of a third person. |
| ARTICLE 1403, part 10. (3) Those where _____ ______ are _____ of giving _____ to a contract. | ARTICLE 1403, part 10. (3) Those where both parties are incapable of giving consent to a contract. |
| ARTICLE 1771. A partnership may be constituted in any form, except where _____ _____ or _____ _____ are contributed thereto, in which case a _____ _____ shall be necessary. (1667a) | ARTICLE 1771. A partnership may be constituted in any form, except where immovable property or real rights are contributed thereto, in which case a public instrument shall be necessary. (1667a) |
| ARTICLE 1773. A contract of partnership is void, whenever immovable property is contributed thereto, if an _____ of _____ _____ is not made, _____ by the parties, and _____ to the public instrument. (1668a) | ARTICLE 1773. A contract of partnership is void, whenever immovable property is contributed thereto, if an inventory of said property is not made, signed by the parties, and attached to the public instrument. (1668a) |
| ARTICLE 1874. When a sale of a piece of land or any interest therein is through an _____, the authority of the latter shall be in _____; otherwise, the sale shall be _____. (n) | ARTICLE 1874. When a sale of a piece of land or any interest therein is through an agent, the authority of the latter shall be in writing; otherwise, the sale shall be void. (n) |
| ARTICLE 2134. The amount of the principal and of the _____ shall be specified in _____; otherwise, the contract of antichresis shall be void. (n) | ARTICLE 2134. The amount of the principal and of the interest shall be specified in writing; otherwise, the contract of antichresis shall be void. (n) |
| ARTICLE 748, part 1. The donation of a movable may be made _____ or in _____. An oral donation requires the _____ _____ of the thing or of the _____ _____ the right donated. | ARTICLE 748, part 1. The donation of a movable may be made orally or in writing. An oral donation requires the simultaneous delivery of the thing or of the document representing the right donated. |
| ARTICLE 748, part 2. xxx. If the value of the personal property donated exceeds _____ _____ _____, the donation and the acceptance shall be made in _____. Otherwise, the donation shall be _____. (632a) | ARTICLE 748, part 2. xxx. If the value of the personal property donated exceeds five thousand pesos, the donation and the acceptance shall be made in writing. Otherwise, the donation shall be void. (632a) |
| ARTICLE 749, part 1. In order that the donation of an immovable may be valid, it must be made in a _____ _____, specifying therein the property donated and the value of the charges which the donee must satisfy. | ARTICLE 749, part 1. In order that the donation of an immovable may be valid, it must be made in a public document, specifying therein the property donated and the value of the charges which the donee must satisfy. |
| ARTICLE 749, part 2. xxx. The acceptance may be made in the same deed of donation or in a separate public document, but it shall not take effect unless it is _____ _____ the _____ of the _____. | ARTICLE 749, part 2. xxx. The acceptance may be made in the same deed of donation or in a separate public document, but it shall not take effect unless it is done during the lifetime of the donor. |
| ARTICLE 749, part 3. If the acceptance is made in a separate instrument, the _____ shall be _____ thereof in an _____ _____, and this step shall be _____ in _____ _____. (633) | ARTICLE 749, part 3. If the acceptance is made in a separate instrument, the donor shall be notified thereof in an authentic form, and this step shall be noted in both instruments. (633) |
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carmi.veloza
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