German Civil Code BGB

Civil code options.

CV No. The lease was for a period of 25 years for a consideration of P2. Keppel reiterated its demand to purchase the land several times, but on every occasion, PNOC did not favourably respond.

Lui She, 33 which the Court struck down as unconstitutional. In Lui Civil code options, the lease contract allowed the gradual divestment of ownership rights by the Filipino owner-lessor in favour of the foreigner-lessee.

It opposes the claim that there was "virtual sale" of the land, noting that the option way to make money subject to the condition that Keppel becomes qualified to own private lands in the Philippines. Keppel contends that the agreement is not a scheme designed to circumvent the constitutional prohibition.

Objects: What can be the object of property?

De Quirino v. Palarca, 43 the option is supported by the same consideration supporting the main contract. Second, the validity of the option contract, i.

The constitutionality of the Agreement The Court affirms the constitutionality of the Agreement.

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Preserving the ownership of land, whether public or private, in Filipino hands is the policy consistently adopted in all three of our constitutions.

Upholding this nationalization policy, the Court has voided not only outright conveyances of land to foreigners, 49 but also arrangements where the rights of ownership were gradually transferred to foreigners. The agreement was executed to enable Keppel to use the land for its shipbuilding and ship repair business.

Load Previous Page Objects, subjects, and types of possessory interests in property The discussion of property hinges on identifying the objects things and subjects persons and groups of the jural relationships with regard to things in Western legal systems generally. There follows a treatment of possession and ownershipcategories that are closely related historically in the West.

We observe that, unlike in Lui She, 56 Lusteveco was civil code options completely denied its ownership rights during the course of the lease.

The validity of the option contract Civil code options. An option contract is defined in the second paragraph of Article of the Civil Code: Article This acceptance is different from the acceptance of the offer civil code options whereby the offeree asserts his or her right or privilege to buy or to sellwhich constitutes as his or her consent to the sales contract.

The consideration in an option contract may be anything of value, unlike in a sale where the purchase price must be in money or its equivalent. It claims that a separate consideration is required only when an option to buy is embodied in an independent contract.

Every person is inviolable and is entitled to the integrity of his person. Except in cases provided for by law, no one may interfere with his person without his free and enlightened consent. No one may be made to undergo care of any nature, whether for examination, specimen taking, removal of tissue, treatment or any other act, except with his consent.

Palarca, 71 where the Court declared that the option to buy the leased property is supported by the same consideration as that of the lease itself: "in reciprocal contracts [such as lease], the obligation or promise of each party is the consideration for that of the other.

Palarca has been taken out of context and erroneously applied in subsequent cases. Inthrough Bible Baptist Church v. CA, 73 we revisited Vda. Palarca and observed that the option to buy given to the lessee Palarca by the civil code options Quirino was in fact supported by a separate consideration: Palarca paid a higher amount of rent and, in the event that he does not exercise the option to buy the leased property, gave Quirino the option to buy the improvements he introduced thereon.

These additional concessions were separate from the purchase price and deemed by the Court as sufficient consideration to support the option contract. Palarca, therefore, should not be regarded as authority that the mere inclusion of an option contract in a reciprocal lease contract provides it with the requisite separate consideration for its validity.

The reciprocal contract should be closely scrutinized and assessed whether it contains additional concessions that the parties intended to civil code options as a consideration for the option contract, separate from that of the purchase price. In the present case, paragraph 5 of the agreement provided that should Keppel exercise its option to buy, Lusteveco could opt to convert civil code options purchase price into equity in Keppel.

As earlier mentioned, the consideration for an option contract does not need to be monetary and may be anything of value.

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On the contrary, the option to convert the purchase price for shares should be deemed part of the consideration for the contract of sale itself, since the shares are merely an alternative to the actual cash price. In Teodoro v. CA, 84 the sub-lessee Teodoro who was given the option to buy the land assumed the obligation to civil code options not only her rent as sub-lessee, but also the rent of the sub-lessor Ariola to the primary lessor Manila Railroad Company.

CA, 87 the spouses Dijamco failed to pay their loan with the bank, allowing the latter to foreclose the mortgage. They further stated that should they fail to make a monthly payment, the proposal should be automatically revoked and all payments be treated as rentals for their continued use of the property. At the other end of the jurisprudential spectrum are cases where the Court refused to consider the additional concessions stipulated in agreements as separate consideration for the option contract.

In Bible Baptist Church v.

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The lessee claimed that the advance payment constituted as the separate consideration for its option to buy the property. For uniformity and consistency in contract interpretation, the better rule to follow is that the consideration for the option contract should be clearly specified as such in the option contract civil code options clause.

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Otherwise, the offeree must bear the burden of proving that a separate consideration for the option contract exists. An option unsupported by a separate consideration stands as an unaccepted offer to buy or to sell which, when properly accepted, ripens into a contract to sell. This is the rule established by the Court en banc as early as in Atkins v.

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Cua Hian Tek, 96 and upheld in in Sanchez v. Rigos reconciled the apparent conflict between Articles and of the Civil Code, which are quoted below: Article When the offerer has allowed the offeree a certain period to accept, the offer may be withdrawn at any time before acceptance by communicating such withdrawal, except when the option is founded upon a consideration, as something paid or promised.

Article A promise to buy and sell a determinate thing for a price certain is reciprocally demandable. An accepted unilateral promise to buy or to sell a determinate thing for a price certain is binding upon the promissor if the promise is supported by a consideration distinct from the price.

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Rigos harmonised the two provisions, consistent with the established rules of statutory construction. On the other hand, when the offer is civil code options supported by a separate consideration, the offer stands but, in the absence of a binding contract, the offeror may withdraw it any time.

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Rigos expressly overturned the case of Southwestern Sugar v. AGPC, which declared that a unilateral promise to buy or to sell, even if accepted, is only binding if supported by a consideration In other words, an accepted unilateral promise can only have a binding effect if supported by a consideration, which means that the option can still be withdrawn, even if accepted, if the same is not supported by any consideration.

Rigos found no conflict between these two provisions and accordingly civil code options the Southwestern Civil code options doctrine. Unfortunately, without expressly overturning or abandoning the Sanchez ruling, subsequent cases reverted back to the Southwestern Sugar doctrine.