What is Article 1311 all about?

What is Article 1311 all about?

Article 1311 of the New Civil Code of the Philippines mandates that contracts take effect only between the parties, their assigns and heirs, a rule of law commonly referred to as the principle of relativity of contracts.

What do we mean by stipulation in favor of a third person in a contract?

Under this doctrine, a third person is allowed to avail himself of a benefit granted to him by the terms of the contract, provided that the contracting parties have clearly and deliberately conferred a favor upon such person.

What is the meaning of diligence of a good father of a family?

Diligence of a good father of a family means an ordinary care. Just like a father of a family, it is a care that an average person would do in taking care of his property. II. To deliver the thing.

What is Intransmissible?

(ˌɪntrænzˈmɪsəbəl ) adjective. incapable of being transmitted.

What are the rights of a third person who paid the debt?

Right of third person to subrogation. If the payment is without the knowledge or against the will of the debtor, the third person cannot compel the creditor to subrogate him in the latter’s accessory rights of mortgage, guaranty, or penalty.

Who may be the third-party beneficiary in such a stipulation?

A third-party beneficiary is a person or business that benefits from the terms of a contract made between two other parties. In law, a third-party beneficiary may have certain rights that can be enforced if the contract is not fulfilled.

When May third persons be affected by a contract?

1559), it provided that: “A contract, made expressly for the benefit of a third person, may be enforced by him at any time before the parties thereto rescind it.”

What is meant by Intransmissible in law?

Not capable of being transmitted. adjective.

What is meant by Intransmissible?

Why it is called diligence of a good father?

A good father of a family means a person of ordinary or average diligence. To determiine the prudence and diligence that must be required of all persons, we must use as basis the abstract average standard corresponding to a normal orderly person. Anyone who uses diligence below this standard is guilty of negligence.

What does diligence mean in law?

Diligence is the opposite of negligence. Due diligence is the use of reasonable care ordinarily required by the circumstances. In civil law systems, due diligence is a duty analogous to reasonable care in common law systems.

What is stipulation in law?

Primary tabs. Stipulation generally means an agreement, a bargain, proviso, or condition. If the stipulation complies with an applicable statute or rule of court, it will be binding. A stipulation could mean a fact, promise, or provision in a contract agreed by two parties.

Can you sell future inheritance?

(3) Can future inheritance be the subject of a contract of sale? (A) No, since it will put the predecessor at the risk of harm from a tempted buyer, contrary to public policy.

Can the creditor refuse the payment of the 3rd person?

The creditor is not bound to accept payment or performance by a third person who has no interest in the fulfillment of the obligation, unless there is a stipulation to the contrary. [1] Article 1236, Civil Code.

What is the effect of payment to a third person?

Under the laws on obligations, payment made to an incapacitated person is not valid unless the payor accepted and kept it or unless the payment proves beneficial to him. The validity of the payment in the second instance, of course, extends only insofar as it redounded to they payee’s benefit.