Civil Code Art. 1331: Essential Requisites

Statute: Civil Code
Article: Art. 1331
Topic: Essential Requisites of Contracts
Status: In force
Book: BOOK IV Obligations and Contracts
Title: TITLE II CONTRACTS
Chapter: CHAPTER 2 Essential Requisites of Contracts
Formerly: Art. 1266a of the old Civil Code
Year: 1949
Cited by: Multiple Supreme Court decisions

The provision

In order that mistake may invalidate consent, it should refer to the substance of the thing which is the object of the contract, or to those conditions which have principally moved one or both parties to enter into the contract. Mistake as to the identity or qualifications of one of the parties will vitiate consent only when such identity or qualifications have been the principal cause of the contract. A simple mistake of account shall give rise to its correction. (1266a)

Cases applying this article

Sylvia Lichauco de Leon v. The Hon. Court of Appeals G.R. No. 80965
Spouses Heinzrich Theis v. Honorable Court of Appeals G.R. No. 126013

Related provisions in this Chapter

Civil Code, Art. 1332 Essential Requisites of Contracts
Civil Code, Art. 1334 Essential Requisites of Contracts
Civil Code, Art. 1327 Essential Requisites of Contracts
Civil Code, Art. 1335 Essential Requisites of Contracts
Civil Code, Art. 1326 Essential Requisites of Contracts
Civil Code, Art. 1324 Essential Requisites of Contracts
Civil Code, Art. 1338 Essential Requisites of Contracts
Civil Code, Art. 1339 Essential Requisites of Contracts

Civil Code, Art. 1331 is found in CHAPTER 2 Essential Requisites of Contracts of TITLE II CONTRACTS of BOOK IV Obligations and Contracts of the Civil Code of the Philippines (Republic Act No. 386).

Browse the Civil Code

Search Philippine statutes on Intellegal →

Continue your research on Intellegal

Search Philippine statutes on Intellegal →

Reviewed by the Intellegal Legal Team for currency against amending laws and Supreme Court jurisprudence.

Research aid — not legal advice. Verify the current text against the Official Gazette. Provisions may have been amended or repealed. Using this page creates no attorney-client relationship. For legal advice, consult a Philippine lawyer.