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Chapter 1 Reviewer

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TITLE 2 CHAPTERS 1
Limitations on contractual stipulations * Law * Police power
Classification of contracts according to its name or designation * Nominate contract * Innominate contract
Kinds of innominate contract * I give that you may give * I give that you may do * I do that you may give * I do that you may do
Rules governing innominate contracts * The agreement of the parties * Provisions of the Civil Code on obligations and contracts * Rules governing the most analogous contracts * Customs of the place
Persons affected by the contract * General rule * Exceptions * By their nature * By stipulation * By provision of law
Cases when strangers or third persons affected by a contract * Contracts containing a stipulation in favour of a third person * Contracts creating real rights * Contracts entered into to defraud creditors * Contracts which have been violated at the inducement of a third person
Classes of stipulation pour autrui * Those where the stipulation is intended for the sole benefit of such person * Those where an obligation is due from the promise to the third person which the former seeks to discharge by means of such stipulation, as, for instance, where a transfer of property is coupled with the purchaser’s promise to pay a debt owing from the seller to a third person.
Requisites of stipulation pour autrui * Contracting parties by their stipulation must have clearly and deliberately conferred a favour upon a third person * Third person must have communicated his acceptance to the obligor before its revocation by the obligee or the original parties * the stipulation in favour of the third person should be a part, not a whole, of the contract * favourable stipulation should not be conditioned or compensated by any kind of obligation whatever

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