The document discusses innominate contracts, which are contracts that have no specific name or designation under law. It states that innominate contracts shall be governed by the stipulations of the parties, provisions of titles I and II of the civil code, rules governing the most analogous nominate contracts, and customs of the place. Nominate contracts are recognized by law and have a specific name, while innominate contracts have no defined position under law.
The document discusses innominate contracts, which are contracts that have no specific name or designation under law. It states that innominate contracts shall be governed by the stipulations of the parties, provisions of titles I and II of the civil code, rules governing the most analogous nominate contracts, and customs of the place. Nominate contracts are recognized by law and have a specific name, while innominate contracts have no defined position under law.
The document discusses innominate contracts, which are contracts that have no specific name or designation under law. It states that innominate contracts shall be governed by the stipulations of the parties, provisions of titles I and II of the civil code, rules governing the most analogous nominate contracts, and customs of the place. Nominate contracts are recognized by law and have a specific name, while innominate contracts have no defined position under law.
The document discusses innominate contracts, which are contracts that have no specific name or designation under law. It states that innominate contracts shall be governed by the stipulations of the parties, provisions of titles I and II of the civil code, rules governing the most analogous nominate contracts, and customs of the place. Nominate contracts are recognized by law and have a specific name, while innominate contracts have no defined position under law.
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Article 1307: Innominate contracts shall be regulated by the
stipulations of the parties, by the provisions of titles I and II of this
Book, by the rules governing the most analogous nominate contracts and by the customs of the place.
It talks about who are to govern in the Innominate contracts which it
states that the said agreement of the parties is those who govern the innominate contracts.
Stipulation- The said agreement.
Classification of contracts according to its name or designation:
Nominate Contract- a type of contract that is recognized and enforceable by law. with a special name, such as pledge, trades and lease. Enforced by law- to make sure that people do what is required. Innominate Contract- It has no specific name or no position in law. It is somehow a generic. Example: The computer engineer is repairing the computer system of our front desk with their tools that it is not familiar item in our items but it helps to repair the computer system.
Reasons for innominate contracts-
It must be sufficient that it has all the elements of a valid contract. The contract must not be considered as invalid for failure to conform strictly to the standards of the civil code.
Rules governing innominate contracts:
1. The agreement of the parties 2. The provisions of the civil code on obligations and contracts 3. The rules governing the most analogous contracts 4. The customs of the place