Article 1371
In order to judge the intention
of the contracting parties, their contemporaneous and subsequent acts shall be
principally considered.
Upang hatulan ang intensyon ng mga nagkasundo, ang kaalinsabay
at kasunod na kilos ang syang pangunahing ikonsidera.
Example:
Kristia and Bryan entered into a contract entitled
Contract of Lease. Although the contract refers to Kristia as lessor and to
Bryan as Lessee, it states that possession and ownership of the land are
transferred to Bryan. The title to the land was given by Kristia to Bryan who
registered the land in his name. Before the date of the contract, Bryan wrote a
letter to Kristia offering to buy the land.
By their acts, the party
clearly indicate that their evident intention is to make Bryan the owner of the
land. Hence, the contract should be interpreted as one of sale.
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