Friday, February 20, 2009

POLTAN V. BPI FAMILY (CIVIL)


A CONTRACT OF ADHESION is defined as one in which one of the parties imposes a ready-made form of contract, which the other party may accept or reject, but the latter cannot modify. One party prepares the stipulation in the contract, while the other party merely affixes his signature or his adhesion thereto, giving no room for negotiation and depriving the latter of the opportunity to bargain on equal footing.

The accepted rule is that a contract of adhesion is not per se inefficacious and is not entirely prohibited. The one who adheres to the contract is in reality free to reject it entirely; if he adheres, he gives his consent. A contract of adhesion is just as binding as ordinary contracts.




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