Section 2.

OBJECTS OF CONTRACTS

ART. 1347. THE FOLLOWING ARE OBJECTS OF CONTRACT;

1. All things which are not outside of the commerce of men, including future things

2. All rights which are not transmissible

3. All services which are not contrary to law, morals, good customs, public order or public policy

NOTE: no contract may be entered into upon future inheritance except in cases expressly authorized by
law

REQUISITES OF THE THING AS OBJECT OF CONTRACT

1. The thing must be within the commerce of men, it can legally be the subject of commercial
transaction

2. It must be impossible, legally or physically

3. It must be in existence or capable of coming into existense

4. It must be determined or determinable without the need of a new contract between the parties

RIGHTS AS OBJECTS OF CONTRACT (EXCEPTIONS)

1. Outside the commerce of men

2. Impossible, physically or legally

3. Determinable things

4. Future things or rights

5. Intransmissible rights

FUTURE INHERITANCE- any property or right, not in existence or capable of determination at the time of
the contract

- no right to enheritance will be effective upon death

VALIDITY OF CONTRACTS UPON FUTURE INHERITANCE

1. DONATIONS- by reason of marriage between future spouses with respect to their future property to
take effect, only in the event of death

2. PARTITION OF THE PROPERTY- by act inter vivos by a person to take effect upon his death

ART. 1348. CANNOT BE THE OBJECT OF CONTRACTS:

• impossible THINGS or SERVICES

REQUISITES OF SERVICES AS OBJECT OF CONTRACT

1. The service must be within the commerce of men

2. It must not be impossible, physically or legally

3. It must be determinate or capable of being made determinate

KINDS OF IMPOSSIBILTY

1. PHYSICAL- thing or service in the very nature of thing cannot exist or performed

a. Absolute-cannot be done in any case

b. Relative- arises from the special circumstances of the case

2. LEGAL- thing or service is contrary to law, morals, good customs, public order, or public policy

ART. 1349. THE OBJECT OF EVERY CONTRACT MUST BE DETERMINATE AS TO ITS KIND

- THE FACT THAT THE QUANTITY IS NOT DETERMINATE SHALL NOT BE AN OBSTACLE TO THE
EXISTENCEOF THE CONTRACT

- PROVIDED IT IS POSSIBLE TO DETERMINATE THE SAME, WITHOUT THE NEED OF A NEW CONTRACT
BETWEEN THE PARTIES

EXAMPLE: S sold to B all the chickens in his poultry.

The object is the chicken but the quantity is not yet determined

SECTION 3. CAUSE OF CONTRACTS

ART. 1350. ONEROUS CONTRACT- CAUSE: EACH CONTRACTING PARTY, THE PRESTATION OR PROMISE
OF A THING OR SERVICE BY THE OTHER

REMUNERATORY CONTRACTS- CAUSE: SERVICE OR BENEFIT WHICH IS REMUNERATED

PURE BENEFICENCE- CAUSE: MERE LIBERALITY OF THE BENEFACTOR

CAUSE- essential reason or purpose which the contracting parties have in view at the time of entering
into the contract.

CLASSIFICATION OF CONTRACTS ACCORDING TO CAUSE

1. ONEROUS- ex. Sale, least of thing, partnership

2. REMUNERATORY OR REMUNERATIVE- benefit received without obligation

3. GRATUITOUS- ex. Pure donation, commodatum

ART. 1351. MOTIVES OF THE PARTIES ENTERING A CONTRACT ARE DIFFERENT FROM THE CAUSE

MOTIVE- purely personal or private reason which a party has in entering into a contract

ART. 1352. NO EFFECT- CONTRACTS WITHOUT CAUSE OR UNLAWFUL CAUSE

REQUISITES OF CAUSE

1. It must exist at the time the contract is entered into

2. It must be lawful

3. It must be true or real

ABSENCE OR WANT OF CAUSE- total lack of any valis consideration for the contract

EFFECT OF FAILURE OF CAUSE

1. INADEQUACY OF CAUSE- not ground for relief

2. FAILURE OF CAUSE- does not render a contract void