The assignor must agree to assign their rights and duties under the contract to the assignee. The assignee must agree to accept, or "assume," those contractual rights and duties. The other party to the initial contract must consent to the transfer of rights and obligations to the assignee.
Lending agreements are governed by the Civil Code of the Philippines, along with other relevant laws such as the Lending Company Regulation Act and the Usury Law, although the latter is largely outdated due to the Central Bank's removal of interest rate ceilings.
A contract, under Philippine law, becomes binding as soon as there is mutual consent between the parties, consideration (payment or exchange of services), and a lawful object (subject matter of the agreement). These elements are enough to form a valid and enforceable contract, even without notarization.
While not required by law, having the promissory note notarized can provide additional legal protection and evidentiary weight in court should any dispute arise over its enforcement.
How to draft a contract between two parties: A step-by-step checklist Know your parties. Agree on the terms. Set clear boundaries. Spell out the consequences. Specify how you will resolve disputes. Cover confidentiality. Check the legality of the contract. Open it up to negotiation.
A general agreement is a legally binding document between two or more parties that makes the terms and conditions of their agreement enforceable.