ARTICLES 1310-1314 PDF

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Summary

Article 1310. The determination shall not be obligatory if it is evidently inequitable. In such case, the courts shall decide what is equitable under the circumstances. (n) [MUTUALITY OF CONTRACT]DISCUSSION:Juan a tenant of a rice farm of Mrs. Soledad was not able to give the lease due to Mrs. Soled...

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Article 1310. The determination shall not be obligatory if it is evidently inequitable. In such case, the courts shall decide what is equitable under the circumstances. (n) [MUTUALITY OF CONTRACT]

evidence known as “Res inter alios, aliis neque nocit prodest”.

DISCUSSION:

James is indebted to Jake in the amount of P10,000.00. James and Jake are the parties to the contract.

Juan a tenant of a rice farm of Mrs. Soledad was not able to give the lease due to Mrs. Soledad for two consecutive rice seasons. Who will decide on the case? How do you think it will be decided? Justice or Equity? Base on Article 1310, the Court will only be the one to decide on the based-on justice and equity. Justice means giving each what is due but equity is a process by which court relax the sanctions of the law for humanitarian consideration. Article 1311. Contracts take effect only in between the parties, their assigns and heirs, except in case where the rights and obligations arising from the contract are not transmissible by their nature, or by stipulation or by provision of law. The heirs is not liable beyond the value of the property he received from the decedent. If a contract should contain some stipulation in favor of a third person, he may demand its fulfillment provided he communicated his acceptance to the obligor before its revocation. A mere incidental benefit or interest of a person is not sufficient. The contracting parties must have clearly deliberately conferred a favor upon a third person. ≈ One of the characteristics of contracts is that they are binding or effective only bet. The contracting parties, their assigns and heirs. The rights and obligation is transmissible, because if they are not transmissible they are only binding between the contracting parties. Assigns and heirs are excluded when the right or obligation is personal to the party and better called as “Principle of Effectivity” Under 1311, third persons are not bound in contract where they did not participate.

EXAMPLE:

If Jake dies, James must pay the heirs of Jake. If Jake assigns his credit to Paulo, then James is liable to pay Paulo. If James dies and Sherwin is the heir, the Sherwin assumes the obligation of James and Jake. Sherwin is bound by the contract entered into by James, his predecessor in interest, in view of the privity of interest between him and James. However, Sherwin is not liable beyond the value of the property he inherits from James, the decedent. MEANING OF STIPULATION POUR AUTRI It is a stipulation in a contract clearly and deliberately conferring favor upon a third person who has a right to demand its fulfillment provided he communicates his acceptance to the obligor before its revocation. REQUISITES OF STIPULATION POUR AUTRUI 1. The contracting parties by their stipulation must have clearly and deliberately conferred a favor upon a third person; 2. The third person must have communicated his acceptance to the obligor before its revocation by the oblige or the original parties; 3. The stipulation in favor of the third person should be a part, not the whole, of the contract; 4. The favorable stipulation should not be conditioned or compensated by any kind of obligation whatever; and 5. Neither of the contracting parties bears the legal representation or authorization pf the third party for

contracts are binding only between the contracting parties, their assigns or heirs. This rule complimented by the principle in

otherwise, the rule on agency will apply. (see Florentino vs. Encarnacion, 79 SCRA 193)...