(Reflection on the Remedy of Rescission under Art. 1191, NCC)
Etymologically (<Lat.) “covenant” (con + venire) means a coming together. It presupposes two or more parties who come together to make a contract, agreeing on promises and responsibilities.
Implied in such covenants is the power to rescind obligations in reciprocal contracts, in case one of the parties should not comply with what is incumbent upon him. The injured party may choose between the fulfillment and the rescission of the obligation, with the payment of damages in either case. (1191, NCC)
Covenants or unilateral/bilateral contracts during the biblical times were ratified through the cutting or splitting of an animal or animals.
(E.g. Genesis 15:9-10: And he said unto him, Take me an heifer of three years old, and a she goat of three years old, and a ram of three years old, and a turtledove, and a young pigeon. And he took unto him all these, and CUT them in the midst, and laid each piece one against another: but the birds divided he not.)
(Some other ancient contractual ratifications were through blood compacts. Hence, bloody.)
Meaning and Symbolism: If one of the parties does not fulfill his obligation he shall be CUT, it will be bloody.
The other party (MAN) tempted and doubted the words of the contract/covenant (CREATION COVENANT) broke the contractual relationship between GOD and MAN.
But GOD did not RESCIND THE CONTRACT with His CREATURES BASED ON SUBSTANTIAL BREACH OF FAITH. In fact GOD wanted a second covenant (redemptive and restorative covenant called the COVENANT OF GRACE). God assured the woman’s seed would be victorious but pain would be suffered. (He assured Abraham, Noah and the Prophets and Kings.) (>>>Fast Forward>>>)
When MAN made a substantial breach of the covenant, it was GOD who was the injured party and should be the one demanding either for FULFILLMENT OR RESCISSION with damages in either case. But MAN cannot pay a divine debt, so GOD incarnated his SON to pay the debts/damages caused by MAN’s substantial breach of faith. Thus the SON was CUT on the cross, sacrificial victim and ransom for our debts.
But GOD knows that MAN will continue to have breaches of the covenant, so the SON (SACRIFICIAL LAMB, broken and shared) instituted 7 sacred “signs” that will continue to patch the damage and bring MAN to a state of GRACE. Up on that CROSS (used to be a symbol of shame becomes a symbol of MERCY), the SON, in his tremendous show of MERCY, forgave the repentant thief and even assured him of GOD’s fulfillment of His contractual obligation – PARADISE.