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    Article 1308 MUTUALITY

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    eomanthac
    The contract must bind both parties equally. Leaving the validity or compliance of the contract to the will of only one party would be illogical and against the principle of mutuality in contracts. Both parties have obligations under the contract that have the force of law between them. While a third party may determine contract fulfillment, they cannot determine the validity of the contract or make an unfair determination. Stipulations allowing a party to cancel the contract do not negate its mutuality.

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    Article 1308 MUTUALITY

    Uploaded by

    eomanthac
    80 views1 page
    The contract must bind both parties equally. Leaving the validity or compliance of the contract to the will of only one party would be illogical and against the principle of mutuality in contracts. Both parties have obligations under the contract that have the force of law between them. While a third party may determine contract fulfillment, they cannot determine the validity of the contract or make an unfair determination. Stipulations allowing a party to cancel the contract do not negate its mutuality.

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    OBLIGATIONS AND CONTRACTS

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    The contract must bind both parties equally. Leaving the validity or compliance of the contract to the will of only one party would be illogical and against the principle of mutuality in contracts. Both parties have obligations under the contract that have the force of law between them. While a third party may determine contract fulfillment, they cannot determine the validity of the contract or make an unfair determination. Stipulations allowing a party to cancel the contract do not negate its mutuality.

    Copyright:

    © All Rights Reserved
    Download as TXT, PDF, TXT or read online from Scribd
    Download as txt, pdf, or txt
    80 views1 page

    Article 1308 MUTUALITY

    Uploaded by

    eomanthac
    The contract must bind both parties equally. Leaving the validity or compliance of the contract to the will of only one party would be illogical and against the principle of mutuality in contracts. Both parties have obligations under the contract that have the force of law between them. While a third party may determine contract fulfillment, they cannot determine the validity of the contract or make an unfair determination. Stipulations allowing a party to cancel the contract do not negate its mutuality.

    Copyright:

    © All Rights Reserved
    Download as TXT, PDF, TXT or read online from Scribd
    Download as txt, pdf, or txt
    of 1

    Article 1308

    March 25, 2016


    The contract must bind both contracting parties; its validity or compliance cannot
    be left to the will of one of them. (1256a)

    Ang kasunduan ay dapat magbigkis sa isat isa, ang bisa o pagtupad ay hindi maaring
    ipaubaya sa kagustuhan ng isa sa kanila.

    Discussion:

    Mutuality of contracts. It is but natural and logical that the contract shall bind
    both contracting parties. This is the principle of mutuality contract. It is based
    on the essential quality of the parties. It is incongruous to bind one party and
    let free the other party from responsibility.

    Obligations arising from contract have the force of law between the parties and
    should be complied with in good faith.

    The binding effect of a contract on both parties is based on the principle that the
    obligations arising from contract have the force of law between the contracting
    parties, and there must be mutuality between them based essentially on their
    quality under which it is repugnant to have one party bound by the contract while
    leaving the other free therefrom.

    Validity or Compliance. Cannot be left to the will of the one of the contracting
    parties.

    What is meant here is that the contract cannot have any stipulation authorizing one
    of the contracting parties:

    To determine whether or not the contract shall be valid, or;

    To determine whether or not the contract shall be fulfilled

    However, a third person may be authorized to determine the performance or


    fulfillment of the contract but not to determine its validity. He must not however
    make the determination of the fulfillment evidently equitable.

    Stipulations allowing a party to cancel or rescind do not militate against


    mutuality of contracts.

    No judicial action for rescission is necessary where the revocation of the contract
    is authorized for the violations of its terms and conditions.

    Mutual cancellation. The general rule is that a party cannot revoke or renounce a
    contract without the consent of the other. They may however mutually cancel their
    contract under such terms and conditions as they deem wise.

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