-
A contract that can stand by itself
principal contract
-
The cause, with respect to one party is the prestation or the promise of a thing or service by the other party
Onerous Contract
-
A contract whose fulfillment depends upon chance
aleatory contract
-
Only one party is obliged to give or something or to do
Unilateral contract
-
The contracting parties may establish such terms and stipulations as they may deem convenient provided they are not contrary to law, morals goo customs public order or public policy
liberty of contract
-
the principle that contracts are perfected by mere consent
consensuality of contract
-
A stipulation that clearly and deliberately confers a favor upon a third person
Stipulation pour autrui
-
The offerree is given a certain period within which to buy or not the thing being offered
option contract
-
A vice of consent where a person is compelled by a reasonable and well-grounded fear of an imminent an grave evil upon his person or property of his spouse ascendant, or descendant
intimidation
-
The parties do not intend to be bound at all
absolutely simulated contract
-
The remedy in equity by means of which a written instrument is made to conoform to the real intention of the parties when some error has been committed
reformation of contract
-
The cause thereof is the service remunerated
remuneratory contract
-
The action that is brought to set aside a voidable contract
annulment
-
They are inherent in a contract unless set aside or suppressed by the parties
natural elements of a contract
-
Involves preliminary negotiations and bargaining with no arrival yet of a definite agreement
preparation of a contract
-
The must be in the form provided by law, in addition to having the 3 essential requisites of a contract
formal contract
-
The term used when both parties to a contract are guilty
pari delicto
-
A contract that is perfected by mere consent
consensual contract
-
Its existence depends upon another contract
accessory contract
-
The period of temporary sanity of an insane person
lucid interval
-
It exists when serious or irresistible force is employed to obtain consent
violence
-
Inadequacy of cause in a contract
lesion
-
It has all the essential requisites of a contract but which may be set aside by reason of injury or damage to third persons
rescissible contract
-
It is designed to prevent the commission of fraud by requiring certain contracts to be in writing
statute of fraud
-
The delivery of the object is required for its perfection
real contract
-
It has a special name under the law
nominate contract
-
The cause thereof is the liberality of the benefactor
gratuitous contract
-
Both parties are required to perform reciprocal prestations
bilateral contract
-
The principle that the contract has the force of law between the contracting parties and must be complied with in good faith
obligatory force of contract and compliance in good faith
-
It must refer to the substance of the thing which is the object o the contract or the principal conditions which moved a party into the contract, in order to vitiate consent
mistake
-
The particular reason of a party in entering into a contract
motive
-
The remedy allowed by law to the contracting parties and to third persons to repair the damages caused them by contract
rescission
-
It is defective by reason of the incapacity or vitiated consent of one of the parties to a contract
voidable contract
-
Elements without which a contract would not exist
essential elements of a contract
-
The terms of the contract have been fulfilled resulting in its accomplishment
consummation of a contract
-
A contract that does not have any special name under the law
innominate contract
-
A contract where the parties give equivalent values hence there is real fulfillment
commutative contract
-
The manifestation of the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract
consent
-
The principle that a contract must bind both contracting parties and that its validity or compliance cannot be left to the will of one of them
mutuality of contract
-
The use of insiduous words or machinations to obtain consent
fraud
-
An accessory penalty which deprives a person during the term of his sentence of the rights of parental authority, of guardianship, of marital authority, of the right to manage his property and of the right to dispose of such property by any act or conveyance inter vivos
civil interdiction
-
It is present when a person takes improper advantage of his power over the will of another depriving the latter of a reasonable freedom of choice
undue influence
-
The parties that contracts take effect only between the contracting parties, their assigns and heirs
relativity of contract
-
The adoption or affirmation of a contract which is defective because of a party's vitiated consent or incapacity
ratification
-
A contract without any force and effect since the beginning
void contract
-
They refer to the stipulations agreed upon by the contracting parties such as terms of payment, interest rate, etc.,
accidental elements of a contract
-
The stage of a contract when there is a meeting of minds between the parties on a definite subject matter and valid cause
perfection
|
|