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TitleUP-Civil-Law-Pre-Week-2017.pdf
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Page 21

UP BOC CIVIL LAW PRE-WEEK

Page 21 of 40



Q62: DISTINGUISH NATURAL AND CIVIL OBLIGATIONS.

A62: Civil Obligations are based on positive law while Natural Obligations are based on equity and
natural law. Civil obligations give the obligee the legal right to compel the performance of the obligation
by bringing an action in court while no such legal right exists in Natural Obligations except when the
debtor voluntarily pays knowing that the debt is no longer due, wherein in such case, he cannot recover
what he has paid.



Q63: WHAT ARE THE TYPES OF CONTRACTS?

A63: The following are the types of contract:

(1) Valid Contracts [Art. 1318]

Contracts established upon the concurrence of the following requisites:

(1) Consent of the contracting parties,

(2) Object certain which is the subject matter of the contract,

(3) Cause of the obligation which is established.

(2) Rescissible Contracts [Art. 1380]

(1) Those which are entered into by guardians whenever the wards whom they represent suffer
lesion by more than one-fourth of the value of the things which are the object thereof;

(2) Those agreed upon in representation of absentees, if the latter suffer the lesion stated in the

preceding number;

(3) Those undertaken in fraud of creditors when the latter cannot in any other manner collect

the claims due them;

(4) Those which refer to things under litigation if they have been entered into by the defendant
without the knowledge and approval of the litigants or of competent judicial authority;

(5) All other contracts specially declared by law to be subject to rescission

(3) Voidable Contracts [Art. 1390, CC]

(1) Those where one of the parties is incapable of giving consent to a contract;

(2) Those where the consent is vitiated by mistake, violence, intimidation, undue influence or
fraud.

(4) Unenforceable Contracts [Art. 1403, CC]

(1) Those entered into in the name of another person by one who has been given no authority or

legal representation, or who has acted beyond his powers;

(2) Those that do not comply with the Statute of Frauds as set forth in this number. In the
following cases an agreement hereafter made shall be unenforceable by action, unless the
same, or some note or memorandum, thereof, be in writing, and subscribed by the party
charged, or by his agent; evidence, therefore, of the agreement cannot be received without the
writing, or a secondary evidence of its contents:

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