This document contains important notes on various legal topics related to contracts and property law. It discusses concepts such as dacion en pago, due diligence, natural obligations, laches, accrual of causes of action, absolute ownership, implied and express trusts, fiduciary relationships, civil interruption of prescription, extraordinary acquisitive prescription, compromise agreements as a source of just title, registered land and acquisitive prescription, interruption of prescription periods, fraud in contracts, relatively simulated contracts, lesion, and interpretation of ambiguous contracts. The notes provide brief explanations and examples for each topic.
This document contains important notes on various legal topics related to contracts and property law. It discusses concepts such as dacion en pago, due diligence, natural obligations, laches, accrual of causes of action, absolute ownership, implied and express trusts, fiduciary relationships, civil interruption of prescription, extraordinary acquisitive prescription, compromise agreements as a source of just title, registered land and acquisitive prescription, interruption of prescription periods, fraud in contracts, relatively simulated contracts, lesion, and interpretation of ambiguous contracts. The notes provide brief explanations and examples for each topic.
This document contains important notes on various legal topics related to contracts and property law. It discusses concepts such as dacion en pago, due diligence, natural obligations, laches, accrual of causes of action, absolute ownership, implied and express trusts, fiduciary relationships, civil interruption of prescription, extraordinary acquisitive prescription, compromise agreements as a source of just title, registered land and acquisitive prescription, interruption of prescription periods, fraud in contracts, relatively simulated contracts, lesion, and interpretation of ambiguous contracts. The notes provide brief explanations and examples for each topic.
This document contains important notes on various legal topics related to contracts and property law. It discusses concepts such as dacion en pago, due diligence, natural obligations, laches, accrual of causes of action, absolute ownership, implied and express trusts, fiduciary relationships, civil interruption of prescription, extraordinary acquisitive prescription, compromise agreements as a source of just title, registered land and acquisitive prescription, interruption of prescription periods, fraud in contracts, relatively simulated contracts, lesion, and interpretation of ambiguous contracts. The notes provide brief explanations and examples for each topic.
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Important Notes
Dacion en pago is considered a sale of real property, and should comply with the Statute of Frauds Due diligence – if the two parties are in the same line of business, there is an expectation of due diligence because of their knowledge of the field o Always differentiate with misrepresentation which will be tantamount to fraud Fraud is if it induced the party to enter into the contract Natural obligation – just remember that the one that performed must know that he is not required to do so Laches will apply in extraordinary cases, wherein one may be prejudiced o Note however, if it is contrary to law, they cannot be estopped when they correct it. This applies to government(?) Cause of action accrues when there is a breach. That’s the rule in contracts Absolute ownership = legal title + beneficial ownership or title You cannot have a trust if the trustor could not have legally entered into the contract. This is skirting the law. Implied trust has no documentation. Express trust needs to be in writing. o Take note, p. 709 Rabuya If there is a fiduciary relationship, the fiduciary should reject the trust or fiduciary relation before prescription can kick in For civil interruption to arise, the one claiming prescription should lose the case. If the one claiming prescription wins, then the period is uninterrupted Good Faith is not required for extraordinary acquisitive prescription A compromise agreement can be the source of just title when it contains a conveyance clause – a provision clearly conveying title. There must be a categorical statement that one party is transferring title to another If the land is registered, there is no way you could acquire it by prescription When there is a provision of law that prescribes how the period must be counted, count from there Absolute Simulation – does not prescribe; Rescission – 4 years For oral contracts to start prescribing, it must be valid and enforceable When there is an interruption, the period begins fresh Remember, in Fraud leading to Vice of Consent, the fraud has to be related to consent. If it is in Fraud of Creditors, it is NOT voidable but rescissible Remember the exceptions to Fraud: o Sales talk Vices of fraud can only be claimed when the party complaining does not have access to the facts, or could not possibly have access to them. Due diligence If a relatively simulated contract does damage to a third party, it is void. If a relatively simulated contract is illicit, it is void. o Under tax law, it is only tax evasion. Contract will be valid Take note of Fraud under Reformation. This is different from Fraud in Vice of Consent. Under reformation, the fraud does not obtain the consent but rather it makes the contract not show the intention of the parties. In interpreting contracts, if the ambiguity is with regard to the object or cause, it is a void contract. o If it is with the consent could be voidable (Defective consent) Lesion would be based on the time the parties entered into the contract
A Simple Guide for Drafting of Conveyances in India : Forms of Conveyances and Instruments executed in the Indian sub-continent along with Notes and Tips
