0 Bewertungen0% fanden dieses Dokument nützlich (0 Abstimmungen)
23 Ansichten1 Seite
Contracting parties may make stipulations in their contract provided they are not contrary to law, morals, good customs, public policy, or public order. A person who is not a party obliged principally or substantially in a contract may exercise an action for nullity of the contract. The defendants have not acted in good faith# that in the performance of their duties, they did not give the plainti$ her due# that the defendants willfully cause in"ury to the plaint
Contracting parties may make stipulations in their contract provided they are not contrary to law, morals, good customs, public policy, or public order. A person who is not a party obliged principally or substantially in a contract may exercise an action for nullity of the contract. The defendants have not acted in good faith# that in the performance of their duties, they did not give the plainti$ her due# that the defendants willfully cause in"ury to the plaint
Contracting parties may make stipulations in their contract provided they are not contrary to law, morals, good customs, public policy, or public order. A person who is not a party obliged principally or substantially in a contract may exercise an action for nullity of the contract. The defendants have not acted in good faith# that in the performance of their duties, they did not give the plainti$ her due# that the defendants willfully cause in"ury to the plaint
v CA- The freedom of the contracting parties to make
stipulations in their contract provided they are not contrary to law, morals, good customs, public policy, or public order is so settled. - The petitioner cannot evade further liability for liquidated damages, forafter entering into such an agreement, petitioner cannot thereafter turn his back on his word. Manila Bay Club Corp. v CAThe lease contract was, as claimed by respondents, indeed the productof mutual agreement between parties, and not a take it or leave it proposition adhered to helplessly by the petitioner. - Contracts are respected as the law between the contracting parties, and they may establish such stipulations, clauses, terms and conditions as they may want to include. s long as such agreements are not contrary to law, morals, good customs, public policy, or public order they shall have the force of law between the parties. Teves v Peoples Homesite and Housing Corporation- This court held that a person who is not a party obliged principally or substantially in a contract may e!ercise an action for nullity of the contract if he is pre"udiced in his rights with respect to the one of the contracting parties and can show detriment which would positively result to him from the contract. - The defendants have not acted in good faith# that in the performance of their duties, they did not give the plainti$ her due# that the defendants willfully cause in"ury to the plainti$ in violation of a policy of the %&&C, foud herself a t a disadvantage because 'elisenda who had availed the help of an in(uential politician ) a circumstance which may "ustify a recourse to the court for the protection of her right. rtigas Company v CA- real party in interest is de*ned as the party who stands to be bene*tted of in"ured by the "udgement or the party entitled to the avails of the suit. - %rivate respondent is a real party in this case because it is his acts which are in issue and his interest in said issue cannot be a mere incidental interest. Pa!istan "nternational Airlines v ple - Counter+balancing the principle of autonomy of contracting parties is the equally general rule that provisions of applicable law, especially provisions relating to matters a$ected with public policy, are deemed written into the contract. - %arties may not contract away applicable provisions of law especially peremptory provisions dealing with matters heavily impressed with public interest. P#ilippine American $eneral "nsurance v MutucThe appellant contends that the stipulation any e!tension without the need for him being noti*ed was null and void being contrary to law, morals, good customs, public policy or public order. - &e would premise it on the indemnity agreement being a contract of adhesion. &e was not at all compelled to agree to it. &e was free to act either way. &e had a choice. t may be more o$ensive to public policy, let alone morals or good customs, if thereafter he would be allowed to go back on his word. %e &eon v CA- The court *nds and hold that the cause or consideration for 'acaria in having e!ecuted the agreement letter was the termination of the marital relationship between, her son -ose icente and /ylvia. - f the stipulation is contrary to law, morals, good customs, public order or public policy, the contract is void and ine!istent from the beginning.