Practice question
A contract leaves performance determination to a third person. That person issues a decision but it has not yet been made known to both parties. Under Article 1309, is it already binding?
- Yes, regardless of communication
- No, the determination is not binding until made known to both parties
- Only if one party guesses it
- Yes, if the third person keeps it secret
- It can never become binding
Legal references
- Civil Code, Article 1309: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360
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