Text of the provision
Art. 1310. The determination shall not be obligatory if it is evidently inequitable. In such case, the courts shall decide what is equitable under the circumstances.
(n)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
The third person's determination is not obligatory if it is evidently inequitable; in that case the courts decide what is equitable.
Questions about this provision
Related provisions
- Article 1309 — Determination by a Third Person.
- Article 1311 — Relativity of Contracts; Stipulation Pour Autrui.
Cases citing this article
- In the Matter of Urgent Petition for the Release of Prisoners on Humanitarian Grounds, G.R. No. 252117, July 28, 2020 — read the decision on LawPhil →
- Reynaldo P. Floirendo Jr. vs. Metropolitan Bank & Trust Co, G.R. No. 148325, September 3, 2007 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.