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Marriage, Art.

52
• Marriage is not a mere contract but an inviolable social institution. Its
nature, consequences and incidents are governed by law and not
subject to stipulation, except that the marriage settlements may, to a
certain extent, fix the property relations during the marriage.
• Art 1, FPC: Marriage is a special contract of permanent union
between a man and a woman entered into in accordance with law for
the establishment of conjugal and family life. It is the foundation of
the family and an inviolable social institution whose nature,
consequences, and incidents are governed by law and not subject to
stipulation, except that marriage settlements may fix the property
relations during the marriage within the limits provided by this Code..
Donation, Art. 725
• Donation is an act of liberality whereby a person disposes gratuitously
of a thing or right in favor of another, who accepts it.
Sales, Art. 1458
• By the contract of sale one of the contracting parties obligates himself
to transfer the ownership of and to deliver the determinate thing, and
the other to pay therefor a price certain in money or its equivalent.
Barter, Art. 1638
• By the contract if barter or exchange one if the parties binds himself
to give one thing in consideration of the other’s promise to give
another thing.
Lease, Art. 1642
• The contract of lease may be of things, or of work and service.
Employment, Art. 1700
• The relations between capital and labor are not merely contractual.
They are so impressed with public interest that labor contracts must
yield to the common good. Therefore, such contracts are subject to
the special laws on labor unions, collective bargaining, strikes and
lockouts, closed shop, wages, working conditions, hours of labor and
similar subjects.
For a piece of Work, Art. 1713
• By the contract for a piece of work the contractor binds himself to
execute a piece of work for the employer, in consideration of a certain
price or compensation. The contractor may either employ only his
labor or skill, or also furnish the material.
Common Carrier, Art. 1732
• Common carriers are persons, corporations, firms or associations
engaged in the business of carrying or transporting passengers or
goods or both, by land, water or air, for compensation, offering their
services to the public.
Partnership, Art. 1767
• By the contract of partnership two or more persons bind themselves
to contribute money, property, or industry to a common fund, with
the intention of dividing the profits among themselves.
Agency, Art. 1868
• By the contract of agency a person binds himself to render some
service or to do something in representation or on behalf of another,
with the consent or authority of the latter.
Loan, Art. 1933
• By the contact of loan, one of the parties delivers to another, either
something not consumable so that the latter may use the same for a
certain time and return it, in which case the contract is called a
commodatum; or money or other consumable thing, upon the
condition that the same amount of the same kind and quantity shall
be paid, in which case the contract is simply called a loan or matuum.
Deposit, Art. 1962
• A deposit is constituted from the moment a person receives a thing
belonging to another, with the obligation of safely keeping it and of
returning the same. If the safekeeping if the thing delivered is not the
principal purpose of the contract, there is no deposit but some other
contract.
Aleatory Contract, Art. 2010
• By an aleatory contract, one of the parties or both reciprocally bind
themselves to give or to do something in consideration of what the
other shall give or do upon the happening of an event which is
uncertain, or which is to occur at an indeterminate time.
Insurance, Art. 2011
• The contract of insurance is governed by special laws. Matters not
expressly provided for in such special laws shall be regulated by this
code.
Gambling, Art. 2013
• A game of chance is that which depends more on chance or hazard
than skill or ability. For the purposes of the following articles, in case
of doubt a game is deemed to be one of chance.
Life Annuity, Art. 2021
• The aleatory contract of life annuity binds the debtor to pay an
annual pension or income during the life of one or more determinate
persons in consideration of a capital consisting of money or other
property, whose ownership is transferred to him at once with the
burden of the income.
Compromise, Art. 2028
• A compromise is a contract whereby the parties, by making reciprocal
concessions, avoid a litigation or put an end to one already
commenced.
Arbitrations, Art. 2042
• The same persons who may enter into a compromise may submit
their controversies to one or more arbitrators for decision.
Guaranty, Art. 2047
• By a guarantee a person, called the guarantor, binds himself to the
creditor to fulfill the obligation of the principal debtor in case the
latter should fail to do so.
Suretyship, Art. 2047
• By a guarantee a person, called the guarantor, binds himself to the
creditor to fulfill the obligation of the principal debtor in case the
latter should fail to do so.
Pledge, Art. 2093
• In addition to the requisites prescribed in article 2085, it is necessary, in
order to constitute the contract of pledge, that the thing pledged be placed
in the possession of the creditor, or of a third person by common
agreement.
• Art. 2085: the following requisites are essential to the contracts of pledge
and mortgage:
• That they be constituted to secure the fulfillment of a principal obligation;
• That the pledger or mortgagor be the absolute owner of the thing pledged or
mortgaged;
• That the persons constituting the pledge or mortgage have the free disposal of their
property, and in the absence thereof, that they be legally authorized for the purpose.
Third persons who are not parties to the principal obligation may secure the
latter by pledging or mortgaging their own property.
Mortgage, Art. 2124
• Only the following property may be the subject of a contract of mortgage:
• Immovables;
• Alienable real rights in accordance with the laws imposed upon immovable.
Nevertheless, movables may be the object of chattel mortgage.
• Art. 2085: the following requisites are essential to the contracts of pledge
and mortgage:
• That they be constituted to secure the fulfillment of a principal obligation;
• That the pledger or mortgagor be the absolute owner of the thing pledged or
mortgaged;
• That the persons constituting the pledge or mortgage have the free disposal of their
property, and in the absence thereof, that they be legally authorized for the purpose.
Third persons who are not parties to the principal obligation may secure the
latter by pledging or mortgaging their own property.
Antichresis, Art. 2132
• By the contract of antichresis the creditor acquires the right to receive
the fruits of an immovable of his debtor, with the obligation to apply
them to the payment of the interest, if owing, and thereafter to the
principal of his credit.
Chattel Mortgage, Art. 2140
• By a chattel mortgage, personal property is recorded in the Chattel
Mortgage Register as a security for the performance of an obligation. If the
movable, instead of being recorded, is delivered to the creditor or a third
person, the contract is a pledge and not a chattel mortgage.
• Art. 2085: the following requisites are essential to the contracts of pledge
and mortgage:
• That they be constituted to secure the fulfillment of a principal obligation;
• That the pledger or mortgagor be the absolute owner of the thing pledged or
mortgaged;
• That the persons constituting the pledge or mortgage have the free disposal of their
property, and in the absence thereof, that they be legally authorized for the purpose.
Third persons who are not parties to the principal obligation may secure the
latter by pledging or mortgaging their own property.

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