Lawof

JuristicActandContract

JuristicAct
ODefinition of Juristic Act
OValidity of Juristic Act
OVoid and Voidable Acts

LawofContract
OFormation of a contract
OOffer
OAcceptance
OConclusion of contract

JuristicAct

JuristicActvsLegalCauses
OSale

OGiving birth

ORent

OMaturity achievement

OHire of Service

ODeath

OMaking a will

OTort

DenitionofJuristicAct
OUnder CCC, Section 149

Juristic acts are voluntary lawful

acts, the immediate purpose of which is
to establish juristic relation between
persons, to create, modify, transfer,
preserve or extinguish rights.

DenitionofJuristicAct
OGenuinely declaration of

intention

OExpressed intention

OVoluntary act
OLawful act
ODone in accordance with the law

OEstablish juristic relations

between persons

OCreate Right
OModify Right
OTransfer Right
OPreserve Right
OExtinguish Right

4.1.2VALIDITYOFAJURISTIC
ACT
A JURISTIC ACT MAY BE VALID OR NOT
DEPENDING ON THE PROVISIONS OF LAWS
CONCERNING THE VALIDITY OF IT AS
FOLLOWS :

(1)CAPACITY
OTHE SAYING THAT AN ACT WHICH DOES NOT

COMPLY WITH THE REQUIREMENTS

CONCERNING CAPACITY OF PERSON IS
VOIDABLE

(2)OBJECTIVE
OEXPRESSLY PROHIBITED BY LAW
OIMPOSSIBLE
OCONTRARY TO PUBLIC ORDER OR GOOD

MORALS

(3)FORMS
OAn act which is not in the form prescribed by

law is void.
OEx : writing form : The contract of hire
purchase
ORegistered form : Marriage contract
OWriting and registered form : Sale of real
estate

(4)Declarationofintention
OHidden intention that is known to the other

party
OFiction declaration of intention
OIntention made with the mistake to an
essential element of the juristic act
OIntention made to conceal another juristic act

VoidandVoidable
Acts.

Void Act
means no legal effect
between the groups
matter
.

Thefollowingconsiderationto
maketheactbecomevoid
1.The act that the matter
is expressly ban by law.
are:
2.The act that is not in the form prescribe by law.
3.The act that done with untrue declaration of
intention.
4. The act that done when express intention
differs form hidden intention.
5. The act that done in order to hide the real act.
6. The act that done under wrong as to the
necessary element of the juristic act.

ConsequencesofVoidact:
1. No legal effect.
2. Cannot be ratified.
3. If one part of the act are void, the whole

part will be void.

4. EXCEPT if in that cast has separate to many
part and one of them just be void. It will be
void just only that part.

VoidableAct
Omeans the act is valid until it is avoid by

person specified by law

Thefollowingconsiderationto
maketheactbecomevoidable
are
1. The act that done without proper ability of

person.
2. The act that done under mistake to the
quality of the person or property.
3. The act that done by cheat.
4. The act that done under duress.

Consequencesofvoidableact
OThe act is valid and has legal effect until it

being avoided.
OThe act can be avoid or approve only by the
person specified by law.

Limitationoftime
OOne year form the time when ratified could be

made.
OTen years since the act was done.

LawofContract

Contract
OA contract is an accordance between two or

more parties that is legally binding

Formationofacontract
OA consent of two parties
OLegal capacity
OAn offer and an acceptance
OAn object of the contract
OForms

Oer

Denitionofanoer
OAn offer is a proposition made by a person to

another person to enter into a legally binding

contract

Thecharacteristicsofoer
OAn offer must be clear and certain.
OAn offer can be made either to a specific

person or to public at large.

OAn offer can be made to a person who is
present.

Legaleectoftheoer
An offer takes effect upon the offeror
differently
An offer made to a person who is present
takes effect immediately.
An offer made to a person at a distance takes
effect from the time when it reaches the
offeree.

Bindingforceofoer
An offer is a kind of unilateral juristic act. This creates a
juristic relation to a person who mades an offer.
An offer make to a person who is present without
specifying a period for acceptance may be a accepted
only there and then.
An offer made to a person at a distance in which a period
for acceptance is specified cannot be withdrawn within
such period.

Anoerceasestobebinding
An offer ceases to be binding in the following
cases.
1.It is refused by the other party.
2.It is not accepted within the specified period.
3.It is not accepted within a reasonable time.
4.It is not accepted there and then according.

Acceptance

Whatisacceptance ?
OIt means contrast to offer.
OWhen we received an offer. We need to reply.
OSo that reply is called acceptance.

Acceptance
Olegal principles concerning acceptance:

1. It can be withdrawn so far as it has not reached

the offeror.
- You may be revoked at any time if it did not reach
the offeror.
Example :
OI sent an acceptance to my teacher by mail.
OI change my mind and want to revoke the acceptance.
OI can revoke if my acceptance has not reached my
teacher.

Acceptance
Olegal principles concerning acceptance:

2. The acceptance must correspond to the

offer.
An acceptance with additions, restrictions or
other modifications is deemed to be refusal coupled
with a new offer.
(CCC section 359 paragraph 2)

Acceptance
Olegal principles concerning acceptance:

3. Time frame for acceptance.

If time period for acceptance is specified, It
must be made within such period.
If time period for acceptance is not
specified, It must be made within the reasonable
time.
If the offer is made to a person who is
present and there is no specified period for
acceptance, It must be made there and then.

Acceptance
Olegal principles concerning acceptance:

4. The acceptance arrive out of time.

If the acceptance arrive out of time. It is deemed
to be a new offer.
(CCC Section 259)

Acceptance
Olegal principles concerning acceptance:

5. An acceptance arrive out time but still

enforceable
If it is an emergency, will be considered valid.
( i.e. Natural phenomena )
Example : If an acceptance arrive out time because
storm. It is
enforceable.

CONCLUSION
OF
CONTRACT

OFFER
ER

OFFER
EE

OFFER
OR

Has an offer

Express the
acceptance

Accept

OThere may be a question when and where

the contract is made. This depends on the

time and the distance between the offeror
and the offerce.

1)Acontractmadetoaperson
whoispresent

OSection 356 provides that the

offer made to a person who is

present may be accepted only
there and then. This will also to
an offer made by one person to
another on the telephone.

OContract made between the offeror and the

offeree who are in the same place at the

moment.

OFFER
EE

Express the
acceptance

OFFER
OR

OFFER
ER

Accept

This person
has to
approve it.

2)Acontractmadebetweentheoeror
andtheoercewhoareatadistance.

OSection 361 provides that a contract between

persons at a distance comes into existence at the

time when the notice of acceptance reaches the
offeror.

The contract that made between the parties who are

far away from each other is concluded or comes into
existence when the notice of acceptance reaches the
offeror. This usually communicate between each
other in contract normally by post.

After the offeree has mailed his acceptance to the

offeror, which means when the notice of acceptance
arrives at the address of the offeror (in the mailbox),
the contract comes into existence. In this case, the
place where the contract is made is the place where
the offerer receives the acceptance which usually is
the residence of the offeror.

Thankyouforyour
attention