The document discusses several provisions related to reformation of contracts under Philippine law:
- Article 1365 states that if a contract is mislabeled as a sale but was intended as a mortgage or pledge, reformation is proper to reflect the parties' true agreement.
- Article 1367 provides that if one party has already brought an action to enforce the written instrument, they cannot subsequently seek to reform it. This is illustrated by the example of Ben filing a case based on a deed of sale before seeking to reform it to a chattel mortgage.
- According to Article 1366, reformation is not allowed for simple donations with no conditions, wills, or agreements that are void under the law. This
The document discusses several provisions related to reformation of contracts under Philippine law:
- Article 1365 states that if a contract is mislabeled as a sale but was intended as a mortgage or pledge, reformation is proper to reflect the parties' true agreement.
- Article 1367 provides that if one party has already brought an action to enforce the written instrument, they cannot subsequently seek to reform it. This is illustrated by the example of Ben filing a case based on a deed of sale before seeking to reform it to a chattel mortgage.
- According to Article 1366, reformation is not allowed for simple donations with no conditions, wills, or agreements that are void under the law. This
The document discusses several provisions related to reformation of contracts under Philippine law:
- Article 1365 states that if a contract is mislabeled as a sale but was intended as a mortgage or pledge, reformation is proper to reflect the parties' true agreement.
- Article 1367 provides that if one party has already brought an action to enforce the written instrument, they cannot subsequently seek to reform it. This is illustrated by the example of Ben filing a case based on a deed of sale before seeking to reform it to a chattel mortgage.
- According to Article 1366, reformation is not allowed for simple donations with no conditions, wills, or agreements that are void under the law. This
The document discusses several provisions related to reformation of contracts under Philippine law:
- Article 1365 states that if a contract is mislabeled as a sale but was intended as a mortgage or pledge, reformation is proper to reflect the parties' true agreement.
- Article 1367 provides that if one party has already brought an action to enforce the written instrument, they cannot subsequently seek to reform it. This is illustrated by the example of Ben filing a case based on a deed of sale before seeking to reform it to a chattel mortgage.
- According to Article 1366, reformation is not allowed for simple donations with no conditions, wills, or agreements that are void under the law. This
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(ARTICLE 1365-1367)
Q. The transfer of the subject land (the parcel of land that the respondents claimed that Leodegaria Angeles purchased from Ramon Velazquez) is invalid. By the terms of the document that the parties initially executed, the contract is one of sale. However, in one of the clauses in the document, it appears that the supposed seller did not reserve the right to repurchase the property, but bound himself to return the principal interest. Article 1365. No, if two parties agree upon the mortgage or pledge of real or personal property, but the instrument states that the property is sold absolutely or with a right of repurchase, reformation of the instrument is proper.
Q. What are the cases that need no reformation?
There shall be no reformation in the following cases: (1) Simple donations inter vivos wherein no condition is imposed; (2) Wills; (3) When the real agreement is void.
Q. Jellybee donated the trademark for his fried chicken to Mangdo without conditions. In this case, the act is essentially gratuitous and Mangdo has no just cause for complaint. According to Article 1367. When one of the parties has brought an action to enforce the instrument, he cannot subsequently ask for its reformation.
Q. Article 1367 When one of the parties has brought as action to enforce the instrument, he cannot subsquently ask for its reformation. Illustrate and explain. Anna who is need of money negotiated a contract of chattel mortgage with Ben using Anna’s Car for security. Through machination perpetrated by Ben, Anna signed a document of sale believing that it was a chattel mortgage. Later Ben filed a case against Anna for delivery of the car based on the deed of sale. The action failed. Ben can no longer seek the reformation of the instrument to consider it a chattel mortgage. He is estopped for the law has deemed him to have waived the action for reformation.
Q. D borrowed P 5,000 from C. The debt is evidence by a promissory note excited by D on the due date, C informs D that he will no longer collecting the debt and delivers the note to D. D accepts C' s generosity. Can there be a reformation of contract? There shall be no reformation in simple donations inter vivos wherein no condition is imposed. This is so because a donation is an act of liberality on the part of donor whose desire must be respected. However, if the donation is conditional and the condition does not reflect the true intention of the donor, reformation is allowed so as to show such real intent. (Art.1366)
Q. An agreement whereby X is to render service as a servant to Y without compensation as long as X
has not paid his debt to Y. Can there be a reformation Contract?
Here, the contract is void as it contrary to law. Therefore, there shall be no reformation of contract when the real agreement is void. (Article 1366)
