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ARTICLE 1349

The object of every contract must be determine as to its kind. The


fact that the quantity is not determinate shall not be an obstacle to
the existence of the contract, provided it is possible to determine the
same, without the need of a new contract between the parties.

Quantity of object of contract need not be determinate.


The object of a contract must be determinate as to its kind or at least
determinable without the necessity of a new or further agreement between
the parties. The same is true of the quantity of the object of the contract. It is
sufficient that it is possible to determine the same without the need of a new
contract between the parties.
When the obligation consists in the delivery of a generic thing, whose
quality and circumstances have not been stated, Article 1246 governs.

EXAMPLE:
(1) Sonny sold to Ben all the chickens in his poultry. Here, the object itself
(chickens) is determinate but the quantity though not yet determined can be
ascertained without the necessity of entering into a new contract.
(2) Sonny binds himself to deliver one of his carabaos to Ben. Here, the
object is determinable without the need of a new contract between the
parties. It becomes determinate the moment it is delivered.
(3) If the subject matter of the agreement is a parcel of agricultural land
owned by Sara and Sara happens to own many agricultural lands, the
contract is void, if the particular land sold cannot be determined without a
new or further agreement between the parties.
(4) Sara obligates himself to sell to Berna for a price certain (P4,000) a
specified quantity of sugar (200 kilos) of a given quality (of the first
grade/second grade) without designating a particular lot of sugar.
(5) Anna obligates herself to deliver a “thing” or “property” to Cello. The
contract is void because the object is “not determinate as to its kind” nor is it
“capable of being made determinate without the need of a new or further
agreement between the parties.”

SECTION 3.- CAUSE OF CONTRACTS

ARTICLE 1350
In onerous contracts the cause is understood to be, for each
contracting party, the prestation or promise of a thing or service by
the other; In remuneratory ones, the service or benefit which is
remunerated; and in contracts of pure beneficence, the mere
liberality of the benefactor.

Meaning of cause.
Cause (causa) is the essential reason or purpose which the contracting
parties have in view at the time of entering into the contract. It is somethinf
bargained for or given by a party in exchange for a legally enforceable
promise of another.
It is the Civil Code term for consideration in Anglo-American or
common law.
Cause distinguished from object.
In a bilateral or reciprocal contract like purchase and sale, the cause for one
is the subject matter or object for the other, and vice versa. Hence, the
distinction is only a matter of viewpoint.

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