- Statute
- Civil Code
- Article
- Art. 1319
- Topic
- Statutory provision
- Status
- In force
- Book
- BOOK IV Obligations and Contracts
- Title
- TITLE II CONTRACTS
- Chapter
- CHAPTER 2 Essential Requisites of Contracts
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
Art. 1319. Consent is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract. The offer must be certain and the acceptance absolute. A qualified acceptance constitutes a counter-offer.
Acceptance made by letter or telegram does not bind the offerer except from the time it came to his knowledge. The contract, in such a case, is presumed to have been entered into in the place where the offer was made. (1262a)
Intellegal Wiki · In plain terms
Explains that consent forms when a certain offer meets an absolute acceptance on the same thing and cause; a qualified or altered acceptance is instead a counter-offer. When acceptance is sent by letter or telegram, it binds the offeror only once it reaches his knowledge, and the contract is presumed to have been made where the offer was made.
An editorially maintained plain-language explanation of this provision — not legal advice.
Key points
Consent is the meeting of the offer and the acceptance on the thing and the cause of the contract. Acceptance must be absolute; a qualified acceptance is a counter-offer.