THE PAGTA

Tuesday, November 6, 2007

In the Bible, it has been said that let your YES be YES and your NO be NO.

This Biblical advice imports either an approval or disapproval of a certain matter. Such matters may be contained in a contract, oral or instrumental. Anyway, the advice is clear: make your position clear and then follow it.

In relation with pagta, it is a normal setting that in every normal human endeavor, normal peoples enter into agreements, contracts or memoranda, which require some form. As stated earlier, either oral or instrumental.

Oral agreements require only a word of approval to the agreement. A "yea" or a "yes i agree" is enough to forge the relationship between the parties. And there must be an observance of the so-called palabra de honor.

Instrumental agreements on the other hand must be in writing for their enforceability but not for their validity. For in this world where individual minds are recognized by the State, upon the meeting of the minds of the parties, a contract is perfected.

As such, the terms of the contract, written or otherwise, becomes the law between the parties for entering on their free volition into the relationship coupled with responsibilities.

It is so too with PAGTA. There must be parties, who are both exercising independent minds. There must also be the so-called meeting of the minds for the perfection of the pagta. And more importantly, good faith on both parties.

Also, the terms and conditions and considerations and covenants in a given pagta though not written is the law between the parties thereto.

Most of the time, the problem lies in their enforcement. Either one of the parties, break the terms, wittingly or unwitingly.

Unwittingy because, as soon as the parties forgot the terms and conditions arrived at during the negotiation and perfection of the pagta, one of the parties either one of the parties break the same.

Wittingly because, one of the parties, either wanted only to display its superiority. Herein lies the bad faith, which must not be the case.

In both cases, the elders are consulted for proper adjudication. Most often, the elders follow their old rulings by applying them to similar or analogous cases.

In application, each of us must enter in to an agreement with a duty in mind to fulfill our promise in good faith. A simple promise to a child that you will buy him a coloring notebook is an agreement with that child, which must also be complied with in good faith.

Let us take a look at actual cases in our next articles.

posted by Leusen at 7:31 PM |

0 Comments: