civil law - book iv quiz 1307-1356

8/9/2019 Civil Law - Book IV Quiz 1307-1356

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Art. 1307. _________________ contracts shall be regulated by the _________________ of the parties, by the provisions of Titles I and II of this Boo , by the rules governingthe !ost _______________ no!inate contracts, and by the ______________ of the place."n#

Art. 130$. The contract !ust _____ both contracting parties% its _________ or __________ cannot be left to the ____ of one of the!. "1&'(a#

Art. 130). The _______________ of the______________ !ay be left to a third person,*hose ________ shall not be ______________ until it has been !ade no*n to bothcontracting parties. "n#

Art. 1310. The _______________ shall not be _________________ if it is ______________ ine+uitable. In such case, the courts shall decide *hat is e+uitable under thecircu!stances. "n#

Art. 1311. ontracts ta e e-ect only bet*een the _________, their ___________ and ____________, e cept in case *here the _________ and ____________ arising fro! thecontract are not _______________ by their _____________, or by _____________ or byprovision of ____. The ______ is not liable __________ the value of the __________ hereceived fro! the ____________.

If a ___________ should contain so!e ____________ in favor of a third person, he !ayde!and its ______________ provided he _______________ his acceptance to the _______ before its _______________. A !ere _____________ bene/t or interest of a person is not

_____________. The contracting parties !ust have clearly and ______________ conferred a favor upon a third person. "1&'7a#

Art. 131&. In contracts creating _____ rights, third persons *ho co!e into ______________ of the ob ect of the contract are bound thereby, sub ect to theprovisions of the ____________ a* and the and 2egistration a*s. "n#

Art. 1313. ___________ are protected in cases of ___________ intended to _____________ the!. "n#

Art. 131 . Any ________ person *ho _________ another to __________ his contract shallbe liable for ___________ to the other contracting party. "n#

Art. 131'. ontracts are ____________ by !ere consent, and fro! that !o!ent the

________ are bound not only to the ful/ll!ent of *hat has been e pressly stipulatedbut also to all the _________________ *hich, according to their nature, !ay be in

eeping *ith ______ ________, usage and ____. "1&'$#

Art. 131(. 2eal contracts, such as ________, _________ and _____________, are notperfected until the ________ of the ob ect of the obligation. "n#

Art. 1317. 4o one !ay contract in the na!e of another *ithout being _____________ by the latter, or unless he has by ____ a right to ___________ hi!.



A _________ entered into in the na!e of another by one *ho has no ______________ orlegal ________________, or *ho has acted beyond his po*ers, shall be ______________,unless it is ________, e pressly or i!pliedly, by the person on *hose behalf it hasbeen e ecuted, before it is _________ by the other contracting party. "1&')a#

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Art. 131$. There is no contract unless the follo*ing _______ concur?

"1# ___________ of the contracting parties%

"&# ___________ certain *hich is the ___________ !atter of the contract%

"3# ___________ of the obligation *hich is established. "1&(1#

8 TI;4 1. @ onsent

Art. 131). __________ is !anifested by the ___________ of the _______ and the _____________ upon the thing and the cause *hich are to ______________ the contract. The o-er !ust be __________ and the acceptance ____________. A _____________ acceptance constitutes a counter@o-er.

Acceptance !ade by ________ or _____________ does not bind the _________ e cept

fro! the ti!e it ca!e to his _____________. The contract, in such a case, is ______________ to have been entered into in the place *here the o-er *as !ade."1&(&a#

Art. 13&0. An ___________ !ay be ___________ or ___________. "n#

Art. 13&1. The _________ !a ing the o-er !ay ____ the ______, _______, and ________ of acceptance, all of *hich !ust be ___________ *ith. "n#

Art. 13&&. An o-er !ade through an __________ is accepted fro! the ti!eacceptance is _____________ to hi!. "n#

Art. 13&3. An _________ beco!es ine-ective upon the _______, civil interdiction, __________, or ____________ of either party before acceptance is ____________. "n#

Art. 13& . hen the o-erer has allo*ed the o-eree a certain _________ to accept,the o-er !ay be ______________ at any ti!e before acceptance by co!!unicatingsuch *ithdra*al, e cept *hen the option is founded upon a ____________, asso!ething ________ or ____________. "n#



Art. 13&'. :nless it appears other*ise, business _____________ of things for sale arenot de/nite o-ers, but !ere ___________ to !a e an o-er. "n#

Art. 13&(. Advertise!ents for _________ are si!ply invitations to !a e ______________, and the advertiser is not bound to accept the highest or lo*est

bidder, unless the _________ appears. "n#Art. 13&7. The follo*ing cannot give _________ to a contract?

"1# _____________ !inors%

"&# _______or ___________ persons, and deaf@!utes *ho do not no* ho* to ______."1&(3a#

Art. 13&$. ontracts entered into during a ______ interval are ______. ontractsagreed to in a state of ______________ or during a _________ spell are __________. "n#

Art. 13&). The __________ declared in Article 13&7 is sub ect to the ____________ deter!ined by la*, and is understood to be *ithout pre udice to specialdis+uali/cations established in the la*s. "1&( #

Art. 1330. A contract *here consent is given through __________, __________, __________, ________________, or ______is __________. "1&('a#

Art. 1331. In order that !ista e !ay invalidate consent, it should refer to the __________ of the thing *hich is the _________ of the contract, or to those __________ *hich have __________ !oved one or both parties to enter into the contract.

ista e as to the _________ or _____________ of one of the parties *ill ________ consent only *hen such identity or +uali/cations have been the principal _______ of the contract.

A si!ple !ista e of ___________ shall give rise to its _____________. "1&((a#

Art. 133&. hen one of the parties is unable to _____, or if the contract is in a __________ not understood by hi!, and !ista e or fraud is ________, the person ___________ the contract !ust sho* that the ter!s thereof have been fully ___________ to the for!er. "n#

Art. 1333. There is no ________ if the party alleging it ne* the ________, __________ or

_____ a-ecting the ob ect of the contract. "n#

Art. 133 . ________ error as to the legal e-ect of an agree!ent *hen the realpurpose of the parties is frustrated, !ay vitiate consent. "n#

Art. 133'. There is _________ *hen in order to _______ consent, serious or __________ force is ___________.

There is __________ *hen one of the contracting parties is co!pelled by a __________ and *ell@grounded _____of an i!!inent and grave evil upon his person or _________,



or upon the person or property of his ________, __________ or __________, to give hisconsent.

To deter!ine the ________ of inti!idation, the age, se and __________ of the personshall be _______ in !ind.

A threat to enforce oneCs clai! through __________ authority, if the clai! is _____ orlegal, does not vitiate consent. "1&(7a#

Art. 133(. >iolence or inti!idation shall ______ the obligation, although it !ay havebeen e!ployed by a ______ person *ho did not ta e part in the contract. "1&($#

Art. 1337. There is _______ ___________ *hen a person ta es i!proper advantage of his po*er over the *ill of another, depriving the latter of a reasonable _________ of choice. The follo*ing circu!stances shall be considered? the ____________, _______,

___________ and other relations bet*een the parties, or the fact that the personalleged to have been unduly inDuenced *as ___________ fro! _______ *ea ness, or*as __________ or in ___________ distress. "n#

Art. 133$. There is ______ *hen, through __________ *ords or _____________ of one of the contracting parties, the other is __________ to enter into a __________ *hich,*ithout the!, he *ould not have agreed to. "1&()#

Art. 133). _________ to disclose facts, *hen there is a ______ to reveal the!, as *henthe parties are ______ by con/dential relations, ___________ fraud. "n#

Art. 13 0. The usual _______________ in _______, *hen the other party had an ______________ to no* the facts, are not in the!selves ____________. "n#

Art. 13 1. A !ere _____________ of an ________ does not signify fraud, unless !adeby an _________ and the other party has _______ on the for!erCs _________ no*ledge."n#

Art. 13 &. _________________ by a third person does not vitiate consent, unless such!isrepresentation has created ___________ !ista e and the sa!e is ___________. "n#

Art. 13 3. isrepresentation !ade in ______ _______is not fraudulent but !ayconstitute _______. "n#

Art. 13 . In order that _________ !ay !a e a contract __________, it should be _________ and should not have been e!ployed by ______ contracting parties.

____________ fraud only obliges the person e!ploying it to pay __________. "1&70#

Art. 13 '. ____________ of a contract !ay be __________ or __________. The for!erta es place *hen the parties do not _________ to be bound at all% the latter, *henthe parties ________ their true agree!ent. "n#

Art. 13 (. An absolutely si!ulated or _________ contract is ____. A _________ si!ulation, *hen it does not __________ a third person and is not intended for any



purpose contrary to ___, ________, ___________, public order or public policy binds theparties to their ____ agree!ent. "n#

8 TI;4 &. @ ;b ect of ontracts

Art. 13 7. All things *hich are not outside the ___________ of !en, including _______ things, !ay be the _______ of a contract. All rights *hich are not _______________ !ayalso be the ob ect of contracts.

4o contract !ay be entered into upon _______ inheritance e cept in cases e pressly _________ by la*.

All ________ *hich are not contrary to la*, !orals, good custo!s, public order orpublic policy !ay li e*ise be the ob ect of a contract. "1&71a#

Art. 13 $. __________ things or services cannot be the ob ect of contracts. "1&7&#

Art. 13 ). The ob ect of every contract !ust be ____________ as to its ____. The factthat the ________ is not deter!inate shall not be an __________ to the e istence of the contract, provided it is __________ to deter!ine the sa!e, *ithout the need of ane* contract bet*een the parties. "1&73#

8 TI;4 3. @ ause of ontracts

Art. 13'0. In ____________ contracts the _______ is understood to be, for eachcontracting party, the __________ or _________ of a thing or ________ by the other% in _____________ ones, the service or bene/t *hich is ______________% and in contracts of pure _______________, the !ere __________ of the benefactor. "1&7 #

Art. 13'1. The particular _________ of the parties in entering into a contract are __________ fro! the _______ thereof. "n#

Art. 13'&. ontracts _________ cause, or *ith __________ cause, produce no e-ect*hatever. The cause is unla*ful if it is contrary to la*, !orals, good custo!s, publicorder or public policy. "1&7'a#

Art. 13'3. The state!ent of a ________ cause in contracts shall render the! _____, if it should not be proved that they *ere __________ upon another cause *hich is _____ and la*ful. "1&7(#

Art. 13' . Although the cause is not __________ in the contract, it is ____________ thatit ______ and is la*ful, unless the debtor proves the ___________. "1&77#

Art. 13''. cept in cases speci/ed by ___, ______ or ____________ of cause shall not ___________ a contract, unless there has been fraud, ________ or undue inDuence. "n#



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Art. 13'(. ontracts shall be _____________, in *hatever _____ they !ay have beenentered into, provided all the __________ re+uisites for their _________ are present.5o*ever, *hen the la* re+uires that a contract be in so!e for! in order that it !aybe valid or ____________, or that a contract be proved in a certain *ay, thatre+uire!ent is ____________ and ______________. In such cases, the right of the partiesstated in the follo*ing article cannot be __________. "1&7$a#

civil law - book iv quiz 1307-1356

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