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    Article 1307

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    norwi
    This document discusses innominate and nominate contracts under Philippine law. It defines innominate contracts as those lacking individuality and not regulated by specific legal provisions, in contrast to nominate contracts which have established legal names like sale, lease, and agency. Innominate contracts are governed by the agreement of the parties, general contract law provisions, rules of analogous nominate contracts, and local customs. Examples of innominate contract types include do ut des, do ut facias, facio ut facias, and facio ut des.

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    Article 1307

    Uploaded by

    norwi
    2K views1 page
    This document discusses innominate and nominate contracts under Philippine law. It defines innominate contracts as those lacking individuality and not regulated by specific legal provisions, in contrast to nominate contracts which have established legal names like sale, lease, and agency. Innominate contracts are governed by the agreement of the parties, general contract law provisions, rules of analogous nominate contracts, and local customs. Examples of innominate contract types include do ut des, do ut facias, facio ut facias, and facio ut des.

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    This document discusses innominate and nominate contracts under Philippine law. It defines innominate contracts as those lacking individuality and not regulated by specific legal provisions, in contrast to nominate contracts which have established legal names like sale, lease, and agency. Innominate contracts are governed by the agreement of the parties, general contract law provisions, rules of analogous nominate contracts, and local customs. Examples of innominate contract types include do ut des, do ut facias, facio ut facias, and facio ut des.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    2K views1 page

    Article 1307

    Uploaded by

    norwi
    This document discusses innominate and nominate contracts under Philippine law. It defines innominate contracts as those lacking individuality and not regulated by specific legal provisions, in contrast to nominate contracts which have established legal names like sale, lease, and agency. Innominate contracts are governed by the agreement of the parties, general contract law provisions, rules of analogous nominate contracts, and local customs. Examples of innominate contract types include do ut des, do ut facias, facio ut facias, and facio ut des.

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    Art. 1307.

    Innominate contracts shall be regulated by the stipulations of the parties, by the


    provisions of Titles I & II of this Book, by the rules governing the most analogous nominate
    contracts, and by the customs of the place.
    NOMINATE CONTRACTS – is that which has a specific name or designation in law. (e.g
    commodatum, lease, agency, sale etc.)
    INNOMINATE CONTRACTS – those which lack individuality and are not regulated by special
    provisions of law. Or those that which has no specific name or designation in law.
    * Kinds of Innominate Contracts:
    do ut des (I give that you may give) – An agreement in which A will give one thing to B, so that
    B will give another thing to A.
    do ut facias (I give that you may do) – An agreement under which A will give something to B, so
    that B may do something for A.
    facio ut facias (I do that you may do) – An agreement under which A does something for B, so
    that B may render some other service for A.
    facio ut des (I do that you may give) – An agreement under which A does something for B, so
    that B may give something to A.
    * Analogous contracts: Innominate contracts, in the absence of stipulations and specific
    provisions of law on the matter, are to be governed by rules applicable to the most analogous
    contracts.
    RULES GOVERNING INNOMINATE CONTRACTS
    1. the agreement of the parties
    2. the provisions of the civil code on obligation and contracts
    3. the rules governing the most analogous contracts

     Types of nominate contracts: Sale, barter or exchange, lease, partnership, agency,


    loan, deposit, aleatory, contracts, compromises, guaranty, pledge, mortgage, and
    antichresis
     Governed by special laws: insurance, real estate mortgage, and charter party d.
    Customs of the place
    4. the customs of the place
    Custom—a rule of conduct formed by repetition of acts uniformly observed as a social rule,
    legally binding and obligatory and it must be proved as a fact according to the rules of
    evidence
    CONTRACT - a juridical convention manifested in legal form, by virtue of which one or
    more persons bind themselves in favor of another or others, or reciprocally, to the
    fulfillment of a prestation to give, to do or not to do.

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