However general the terms of a contract may be, they shall not be understood to comprehend things that are distinct and cases that are different from those upon which the parties intended to agree. (1283)
Gayunpaman ang pangkalahatang tuntunin ng kontrata ay maaari, hindi sila dapat intindihin upang unawain ang mga bagay na naiiba at mga kaso na iba mula sa mga pinagkasunduan ng mga partido. (1283)
Discussion:
Can the general terms used in a contract can comprehend things that are distinct and different from those agreed upon by the parties?
No, no matter how general the terms used in a contract, they do not comprehend things that are distinct and different from those agreed upon by the parties.
Illustrative case:
Carrot man built s house on a lot containing an area of 350 sqm. Cabbage man protested to the construction alleging that their agreement was that Carrot man could occupy only that space where the house was constructed. This interpretation is erroneous because if that was the intention they could have used the words “portion” or “part” and not the word “lot”.
Obligations and Contracts 