somebody can help me with this, its about business law. thank you
Activity 1 only
Real Contracts require delivery to be valid as areal contract even as between the parties. Example: Real property was donated in a public instrument but app acceptance was made in a private instrument. Is the donation valid? No, All instrument. because both the giving and the accepting must be in a public app thin (what is public instrument as opposed to private instrument?) Q: Is an oral sale of land valid as between the parties? writ 1357: If the law requires a document or other special form, as in the the acts and contracts enumerated in the following article, the contracting cor parties may compel each other to observe that form, once the contract 13. has been perfected. This right may be exercised simultaneously with the a action upon the contract. nd Activity 1 in 1. A donated land to B in a private instrument. B accepted in re the same private instrument. B then wanted to have the donation registered but registration requires a public instrument. So B requested A to put down the donation in a public instrument. But A refused. B then sued to compel a to observe the necessary form. Decide 2. Same as problem (a) except that the land has already been actually delivered to B. may A be compelled to execute the needed public instrument? 1358: The following must appear in a public document: 1. Acts and contracts which have for their object the creation, transmission, modification or extinguishment of real rights over immovable property; sales of real property or of an interest therein are governed by Arts. 1403(2) and 1405; 2. The cession, repudiation or renunciation of hereditary rights or those of the conjugal partnership of gains: 3. The power to administer property or any other power which has for its object an act appearing or which should appear in a public document or should prejudice a third person;r while undue influence. is the Lesion- it is inadequacy of cause like an insufficient pi sold. d what "In cases expressly provided by law"(in the ff., the contracts may be rescinded: atract 1. Those which are entered into by guardians whenever the wards they represent suffer lesion by more than 1/4 of the value of the things o kill which are the objects thereof(see. Art 1381[1]) r the 2. Those agreed upon in representation of absentees if the latter ll in Suffer the lesion stated in the preceding number(Art. 1381[2]) 3. Partitioning among co-heirs, when anyone of them received things with a value less by at least 1/4 than the share to which he is me entitled(Art. 1098). Example of no. 1: A guardian of a sold A's mansion worth 120 million vn. for 60 million. May the contract be rescinded on the ground of lesion? Yes, such a case is expressly provided for by the law as one of the no contracts that may be rescinded on the ground of lesion. Is, Form of Contracts 1356: Contracts shall be obligatory, in whatever form they may have been entered into, provided all the essential requisites for their validity are present. However, when the law requires that a contract be in some form in order that it may be valid or enforceable or that a contract be proved in a certain way, that requirement is absolute and indispensable. In such cases, the rights of the parties stated in the following article cannot be exercised. Formal Contracts(Solemn contracts) require a certain specified form, in addition to consent, subject matter and cause. Ex. A donation of real property must be in public instrument in order to be valid, even between the parties. 30
