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    Art 1159

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    saulongmarkbryan
    Article 1159 of Philippine constitution

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    © All Rights Reserved
    Download as PPT, PDF, TXT or read online from Scribd

    Art 1159

    Uploaded by

    saulongmarkbryan
    4 views12 pages
    Article 1159 of Philippine constitution

    Original Title

    Art.1159

    Copyright

    © © All Rights Reserved

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    PPT, PDF, TXT or read online from Scribd

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    Article 1159 of Philippine constitution

    Copyright:

    © All Rights Reserved
    Download as PPT, PDF, TXT or read online from Scribd
    Download as ppt, pdf, or txt
    4 views12 pages

    Art 1159

    Uploaded by

    saulongmarkbryan
    Article 1159 of Philippine constitution

    Copyright:

    © All Rights Reserved
    Download as PPT, PDF, TXT or read online from Scribd
    Download as ppt, pdf, or txt
    of 12

    ARTICLE 1159.

    OBLIGATIONS ARISING
    FROM CONTRACTS HAVE THE FORCE
    OF LAW BETWEEN THE
    CONTRACTING PARTIES AND SHOULD
    BE COMPLIED WITH IN GOOD FAITH.
    Contracts

    a contract is a meeting of minds between


    two(2) or more persons whereby
    one binds himself
    with respect to the other.
    Contractual obligation

    Obligations arising from contracts or


    voluntary agreements.

    Compliance in good faith


    compliance or performance in accordance
    with the stipulations or terms of the contr
    acts or agreements.
    IS THE CONTRACT VALID?

    Example:

    A contract whereby JUAN will kill BERTO in


    consideration of P1,000 to be paid by CASIO,
    so that BERTO’s Girlfriend MARIA will now
    be free to woo for CASIO.

    Is the contract enforceable?


    ANSWER:

    The CONTRACT is void and non-existent


    because killing a person is contrary to law.
    ESSENTIALS OF CONTRACT

    1.Binding force– valid contracts have the force


    of law between the parties who are bound to
    comply, neither one may renege therefrom
    without the consent of the other.
    a.Obligatory force will not permit a party to be
    set free from liability for any kind of
    misperformance of contract. Failure of its
    compliance corresponds a right of relief.
    b. A purchaser on installment basis cannot
    later feign ignorance to the rules agreed and
    indicated in the contract.

    c. If ignorance occurs to invalidate a contract,


    alleged defect must be proved by convincing
    evidence. Contracting party must learn and
    know the contents before signing and
    agreeing to it
    d. Courts have no alternative but to enforce
    contracts as they were agreed upon and
    written when the terms are clear and leave no
    room for interpretation.

    e. Compromise agreement is immediately


    executory and not appealable, except for vices
    of consent or forgery. To have the force of law,
    it must comply with the requisites of contracts;
    maybe extrajudicial (prevent litigation)or
    judicial(end litigation)
    2. Requirements of a valid contract– it is valid
    if it isnot contraryto law, morals, good
    customs, public order, and public policy. In
    the eyes of law, void contract does not exist.

    3. Where contract requires approval by the


    government– contract becomes a law
    between contracting parties only when
    approved.
    4. Compliance in good faith– means compliance
    in accordance with the terms of the contract
    or agreement. Good faith and fair dealing
    must be observed to avoid one from taking
    unfair advantage over the other.
    5. Liability for breach of contract– a party
    cannot breach it with impunity. Law on
    contracts recognizes the principle that
    actionable injury inheres in every contractual
    breach. Interest may be allowed upon
    damages awarded for breach of contract
    (discretion of court).
    6. Preservation of interest of promise– remedy
    preserve the interest of the promisee of being
    reimbursed for caused by the reliance on the
    contract. Make recompense to the one who
    has been injured by the failure of the other to
    observe contractual obligation unless an
    extenuating circumstance is shown.

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