Page 46 - Obligations & Contracts Module 1-2

REQUISITES OF STIPULATION POUR AUTRUI

(1) Parties must have clearly and deliberately conferred a favor upon a 3 person
rd
(2) The stipulation in favor of a 3rd person should be a part of, not the whole contract

(3) That the favorable stipulation should not be conditioned or compensated by any kind of

obligation whatsoever

(4) Neither of the contracting parties bears the legal representation/authorization of 3rd party

(5) The third person communicates his acceptance before revocation by the original parties

KINDS OF CONTRACTS:

*As to Perfection or Formation:

1. consensual – perfected by agreement of parties

2. real – perfected by delivery ( commodatum, pledge, deposit )

3. formal/solemn – perfected by conformity to essential formalities ( donation )

*As to Cause:

1. Onerous – with valuable consideration

2. Gratuitous – founded on liberality

3. Remunerative – prestation is given for service previously rendered not as obligation

*As to Importance or Dependence of one upon another:

1. principal – contract may stand alone

2. accessory – depends on another contract for its existence; may not exist on its own

3. Preparatory – not an end by itself; a means through w/c future contracts may be made