CHAPTER 3
FORM OF CONTRACTS
Art. 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 right of the parties stated in the
following article cannot be exercised. (1278a)
Art. 1357. If the law requires a
document or other special form, as in the acts and contracts
enumerated in the following article, the contracting parties may
compel each other to observe that form, once the contract has been
perfected. This right may be exercised simultaneously with the action
upon the contract. (1279a)
Art. 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 a governed by Articles 1403, No.
2, and 1405;
(2) The cession, repudiation or
renunciation of hereditary rights or of 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;
(4) The cession of actions or rights
proceeding from an act appearing in a public document.
All other contracts where the amount
involved exceeds five hundred pesos must appear in writing, even a
private one. But sales of goods, chattels or things in action are
governed by Articles, 1403, No. 2 and 1405. (1280a)
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