Wednesday, July 17, 2013

Cause *BY REQUEST


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.

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