Article 1360. The principles of the general law on the reformation of instruments are hereby adopted insofar as they are not in conflict with the provisions of this Code.
By: Kristia Capio
Artikulo 1360. Ang prinsipyo ng pangkalahatang batas sa repormasyon ng instrumento ay pinagtibay hangga’t ito ay hindi laban sa probisyon ng kodigo.
PRINCIPLES OF THE GENERAL LAW ON REFORMATION
In case of conflict between the provisions of the new Civil Code and the principles of the general law on reformation, the former prevail. The latter will have only suppletory effect.
REQUISITES OF REFORMATION
- There must have been a meeting of minds upon the contract
- Instrument or document evidencing the contract does not express the true agreement between the parties
- Failure of the instrument to express the agreement must be due to mistake, fraud, inequitable conduct, or accident.
The Chapter on Reformation of Instruments is based on American Law. The prevailing jurisprudence in America will be persuasive but not necessarily binding, provided the same does not contradict with the provisions of the code and other Philippine laws.
The governing law is: Article 17.
The forms and solemnities of contracts, wills, and other public instruments shall be governed by the laws of the country in which they are executed.
When the acts referred to are executed before the diplomatic or consular officials of the Republic of the Philippines in a foreign country, the solemnities established by Philippine laws shall be observed in their execution.
Prohibitive laws concerning persons, their acts or property, and those which have for their object public order, public policy and good customs shall not be rendered ineffective by laws or judgments promulgated, or by determinations or conventions agreed upon in a foreign country.
OBLIGATIONS AND CONTRACTS 