- Statute
- Civil Code
- Article
- Art. 1305
- Topic
- Statutory provision
- Status
- In force
- Book
- BOOK IV Obligations and Contracts
- Title
- TITLE II CONTRACTS
- Chapter
- CHAPTER 1 General Provisions
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
Art. 1305. A contract is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service. (1254a)
Intellegal Wiki · In plain terms
Defines a contract as a meeting of minds between two parties, by which one binds himself toward the other to give something or to render some service. This mutual, voluntary agreement to create enforceable obligations is the basic building block of contract law.
An editorially maintained plain-language explanation of this provision — not legal advice.
Intellegal Wiki · How the courts apply it
In Socorro P. Cabilao v. Ma. Lorna Q. Tampan, the Supreme Court held: Affirmed the CA, holding that the notarized deed of sale enjoyed a presumption of regularity and contained all the requisites of a valid contract under Article 1305; gross inadequacy of price does not invalidate a sale absent proven fraud, the Article 1332 presumption of fraud does not apply without proof the party could not read, and non-registration does not affect validity between the parties.
One leading Supreme Court case applying this provision.
Key points
A contract is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service.
Cases applying this article
- Socorro P. Cabilao v. Ma. Lorna Q. Tampan G.R. No. 209702
- Amparo Gonzalez v. Primitivo Trinidad G.R. No. 45965
- Antonio Iribar v. Millat G.R. No. 1638