Formal or Solemn Contracts Are Perfected by
Formal or Solemn Contracts Are Perfected by
Formal or Solemn Contracts Are Perfected by
Real
contract
b. Consensual contract
c. Formal contract
3. As a general rule, 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, the requirement is absolute and indispensable. The following contracts are
required to be in certain form to be valid also known as formal contracts or solemn contracts,
except
a. Negotiable instruments must be made strictly in the form provided by the Negotiable
Instruments Law to be considered negotiable.
b. Contract of marriage requires the contracting parties to be man and woman, both at least 18
years old, with marriage license, and personal appearance before solemnizing officer with
authority to solemnize marriage.
c. Donations of personal property in excess of P5,000 must be made and accepted in writing to
be valid.
d. Donations of real property must be made and accepted in public instruments to be valid.
e. The antichretic agreement including the principal and interest of the contract of loan must be
specified in writing to be valid for the contract of antichresis to be valid.
f. The agreement to pay interest in a contract of loan must be in writing to be valid.
g. Registration of chattel mortgage is necessary for its validity.
h. A contract of partnership to which real property or real rights are contributed must be in a
public instrument, with an inventory of real attached there, to be valid.
i. Sale of a piece of land by the agent in the name of the principal, the authority of the agent to
sell the land must be in writing for such contract of sale to valid.
j. Sale of community/conjugal property by one of the spouses, there must be authority given by
the other spouse to the selling spouse.
k. The lease of personal property for a period longer than one year should be in writing to be
valid.