Article 1159 Key Notes
Article 1159 Key Notes
Article 1159 Key Notes
*Article 1159. Obligations arising from contracts have the force of law between the
contracting parties and should be complied with in good faith
Article 1159
- Obligations arising from contracts, voluntary agreements
- Meeting of minds between 2 or more persons – binds himself to give something or to render
some service
Contract
*Binding Force – Contract must be valid and it cannot be valid if it is against the law.
Essential Elements:
(1) Consent of the contracting parties
(2) Object certain which is the subject matter of the contract – To give, to do, not to do
Valid Contract
(3) Cause of the obligation which is established
- It is not contrary to law, morals, good customs, public order and public policy
- It is contrary to law, morals, good customs, public order, or public policy
Invalid or Void Contract
- In the eyes of law, a void contract does not exist. No obligations will arise.
- violated by a party in whole or in part
Breach of Contract
- Party fails or refuses to comply, without legal reason or justification
- Compliance or Performance: in accordance with the stipulation or terms of the contract
Compliance in Good Faith
or agreement
Sincerity and Honesty - Prevent one party from taking unfair advantage over the other
- Comply his obligation in accordance with the terms or stipulations in the contract or
How should an obligor or debtor
agreement;
fulfill his contractual obligations?
- Comply or fulfill his obligation the like a good father of a family