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Browse our 20 legal questions about Contract in Philippines and the lawyer answers, or ask your own questions for free.
Contract law in Las Pinas, as part of the broader Philippine legal system, is derived from civil law, particularly the Civil Code of the Philippines. This area of law centers on agreements or contracts voluntarily entered into by two or more parties, which can be enforceable by law. Encompassing all aspects from formation to implementation, breaches, and remedies, Philippine contract law is founded on the principles of autonomy, mutuality, and obligatory force of contracts.
Seeking a lawyer's assistance often becomes necessary during the contract preparation phase to ensure that all terms and conditions are legal, fair, and are in the best interests of the client. Legal advice also comes into play when a contract dispute arises, which may involve complexities requiring thorough knowledge of contractual laws. Issues like contract breach, enforcing the terms of a contract, or when the other party fails to deliver the agreed upon obligations, typically necessitate the assistance of a lawyer.
The Civil Code of the Philippines governs contract law in Las Pinas. It establishes that a contract exists when there is a meeting of minds between the contracting parties on specific subjects and causes. The Code also explains that contracts can only be annulled when there is intimidation, violence, undue influence, mistake, or fraud. Additionally, it discusses contractual capacity, consent, object, and cause, conformity to laws, morals, public order, and public policy as prerequisites for valid contracts.
For a contract to be valid in Las Pinas, it must consist of four essential elements: Consent of the contracting parties, an object certain that is subject of the contract, a cause of the obligation, and conformity to laws, morals, good customs, public order, and public policy.
Generally, once a contract is signed, it is considered binding and enforceable. However, Philippine law provides that a contract may be annulled under select circumstances, such as when there is fraud, violence, intimidation, undue influence, or mistake. It's best to consult a lawyer for specific advice on your situation.
If a contract is breached, the aggrieved party has the right to file a case for damages or demand the fulfilment of the obligation. The civil code prescribes various remedies such as rescission, performance, and damages in case of contract breaches.
Generally, verbal agreements can be binding and enforceable under Philippine law given that the elementary requisites for contract formation are present. However, certain contracts, such as sale of real property or any interest therein, are required by law to be in writing to be enforceable.
While you can draft a contract on your own, having a lawyer can help ensure that your interests are well-protected and that the contract you enter into is valid, enforceable, and within the bounds of the law.
Philippine courts and government offices such as the Department of Justice and the Integrated Bar of the Philippines provide resources that you can refer to for understanding the basic contract laws. You may also visit local law libraries or consult trusted legal advice websites that focus on Philippine law.
If you need legal assistance, consider contacting a lawyer who specializes in contract law, particularly those who are familiar with the local laws in Las Pinas. They can guide you through the process of drafting, reviewing, or enforcing a contract, as well as in dealing with cases of contract disputes or breaches. Make sure to bring all relevant documents when consulting with a lawyer and to be open and honest about the details of your situation for best results.
