Elements of Contracts
1. Consent
2. Object
3. Cause
Example:
X sells a car to Y for
P1,000,000.
X (vendor)
|
Y (vendee)
|
|
Object
|
car
|
price
|
Cause
|
price
|
car
|
Consent
|
Meeting of minds (Agreement)
|
Meeting of minds (Agreement)
|
Cause
« It
is the essential or more proximate purpose or reason which the contracting
parties have in view at the time of entering into the contract.
« It
is the why of the contract.
Classification of Contracts
according to cause:
« Onerous
(one)
The cause of
which, for each contracting party, is the prestation or promise of a thing or
service by the other. In other words, in this contract, the parties are
reciprocally obligated to each other.
« Remuneratory
(Remunerative)
The Cause of
which is the service or benefit which is remunerated. The purpose of the
contract is to reward the service that had been previously rendered by the
party remunerated; and
« Gratuitous
( Pure Beneficence)
The cause of
which is the mere liberality of the benefactor or giver
Requisites of cause:
« It
must exist at the time the contract is entered into.
« It
must be lawful.
« It
must be true or real.
v Absence
or want of cause means that there is a total lack of any valid consideration
for the contract.
No comments:
Post a Comment