- it may be said that the object of a contract is a thing or a

service.
CONTRACTS - REASON: The object of a contract is really to
create or to end obligations which, in turn, may
involve things or services.
CHAPTER 2 Essential Requisites of ---------------------------------------------------------
Contracts OBJECT OF THE CONTRACT

1ST REQUISITE
SECTION 2 Object of Contracts
NOTE: As a general rule, all things or services may be the object of
contracts. It is, however, essential that the following REQUISITES
must concur
Article 1347. All things which are not outside the
commerce of men, including future things, may be the
object of a contract. All rights which are not First: The object should be within the
intransmissible may also be the object of contracts. commerce of men;
- in other words, it should be
- REQUISITE: [appropriability] susceptible of
No contract may be entered into upon future appropriation and
- REQUISITE: [transmissibility] transmissible from one
inheritance except in cases expressly authorized by person to another.
law. - EXCEPTION: All rights which are not
intransmissible may also be the
All services which are not contrary to law, morals, object of contracts
good customs, public order or public policy may
OBJECTS OUTSIDE THE COMMERCE OF MEN
likewise be the object of a contract. (1271a)
(1) those things
- which are such by their very nature [sacred things, res
Article 1348. Impossible things or services cannot be
nullius [nobody's property]
the object of contracts. (1272) - such as common things like the air or the
sea,
- and
Article 1349. The object of every contract must be - property belonging to the public domain;
determinate as to its kind. The fact that the quantity is
(2) those
not determinate shall not be an obstacle to the - which are made such
existence of the contract, provided it is possible to - by special prohibitions established by law,
- such as poisonous substances, drugs, arms,
determine the same, without the need of a new explosives, and contrabands;
contract between the parties. (1273)
(3) those rights which
--------------------------------------------------------- - are intransmissible because either
OBJECT OF THE CONTRACT - they are purely personal in character,
- such as those arising from the
relationship of husband and wife,
DEFINITION like jus consortium,
- or from the relationship of paternity and
REMINDER: (2) Object XXX filiation,
- like patria potestas,
- is the subject matter of the contract; [Article - or
1318] - they are honorary or political in character,
- such as the right to hold a public
DEFINITION: OBJECT OF THE CONTRACT [CASTAN] office and the right of suffrage.
- In reality, the object of every contract is
- the obligation created. RULE: Thus, in this jurisdiction, it has been held that communal
- But since a contract cannot exist without an obligation, things, such as public plazas, sidewalks, streets, rivers, fountains
- it may be said that the and other things for public use cannot be sold or leased because
they are by their very nature outside the commerce of men
(kinds of objects:)
- thing
- (as in sale of property) ---------------------------------------------------------
- service, or
- (as in agency)
OBJECT OF THE CONTRACT
- right
- (as in assignment of credit) 2ND REQUISITE
- which is the object of the obligation NOTE: As a general rule, all things or services may be the object of
- is also the object of the contract. (2 Castan 9.) contracts. It is, however, essential that the following REQUISITES
must concur
DEFINITION: OBJECT OF THE CONTRACT
• __

Second: The object should be real or
possible, meaning;
[REAL]
- it should exist at the moment of the celebration of the
contract,
RULE The most evident and fundamental requisite in order that
a thing, right or service may be the object af a contract is that it
should be in existence at the moment of the celebration of the
contract, or at least, it can exist subsequently or in the future.
Hence, according to the fi rst sentence of Art. 1347, even future
things may be the object of contracts.
RULE: Things which have perished, In principle, cannot be the
object of contracts because they are inexistent.
- The rule declared in Art. 1493 of the Civil Code to the
effect that “if at the time the contract of sale is
perfected, the thing which is the object of the contract
has been entirely lost, the contract shall be without any
effect’’ can, therefore, be generalized. [8 Manresa, 5th
Ed., Bk. 2, p. 432.]
[POSSIBLE]
- OR at least, it can exist subsequently
- future. [including future
or it can exist in the
things]
- It is clear from Art. 1347 that a future thing may be the
object of a contract.156
Such contract, according to Manresa, maybe interpreted in two
possible ways:
(1) conditional contract
- if its efficacy should depend upon the future
existence of the thing
(2) aleatory contract
- if one of the contracting parties should bear the risk
that the thing will never come into existence
RULE: In case of doubt about the nature of the contract,
- it must be deemed to be conditional because of the
principle stated in Art. 1378 of the Code that the doubt
shall be resolved in favor of the greatest reciprocity of
interests.15
------------------------------------------------------
RULE: Impossible things or services cannot be the
object of contracts. [Article 1348]
- Thus, if the parties enter into a contract with respect to
an impossible thing:
- like a mythical bird or animal
- or with respect to an impossible service like
a trip to some distant planet or galaxy,
- RESULT: the contract is void or inexistent.
ABSOLUTE IMPOSSIBILITY RELATIVE IMPOSSIBILITY
which arises from the very which arises from the
nature or essence circumstances or
qualifications
of the act or service itself, of the obligor
When the impossibility is Thus, as a consequence, in a
permanent, however, as in contract of partnership where
the case of a person who is one of the partners obligates
unable to perform the service himself to contribute to the
which he has contracted common fund an amount
because of total blindness, which is beyond his means,
the contract is void.16 the contract is not void
because the impossibility
may disappear.
EXCEPTION RULE [FOR FUTURE THINGS]: No contract
may be entered into upon future inheritance
- REASON: If the rule were otherwise, there would
always be the possibility that one of the contracting
parties may be tempted to instigate the death of the
other in order that the inheritance will become his.
- EASON: There would also be the possibility, and this
is more probable, that fraud and prejudice may be
committed or occasioned thereby.
- REASON: Besides, the right to make a will would then
be subordinated to the right to enter into a contract.159
- EXAMPLE: it has been held that an agreement for the
partition of the estate of a living person, made between
those who, in case of death, would inherit the estate is
null and void.160
- EXAMPLE: it has been held that where the vendor
undertook to convey to the vendee his participation in
the property left by his deceased father, the part of the
property belonging to his mother, who is still living,
cannot at all be affected by the conveyance, since his
interest in the property of his mother at the time of the
execution of the deed of sale was a future inheritance
and could not be the subject matter of a valid contract,
pursuant to the second paragraph of Art. 1347.
EXCEPTION TO THE EXCEPTION RULE [FOR FUTURE
inheritance]:
- except in cases expressly authorized by
law.
- EXAMPLE: after the death of the decedent, anyone of
the co-heirs may enter into a contract with respect to
the inheritance even before partition has been
effected. This is so because of the principle
announced in Art. 777 of the Code that the rights to the
succession are transmitted at the moment of the death
of the decedent.162
- (1) Under Art. 130 of the Code, which allows the future
spouses to give or donate to each other in their
marriage settlement their future property to take effect
upon the death of the donor and to the extent laid
down by the provisions of the Civil Code relating to
testamentary succession; and
- (2) Under Art. 1080 of the Code, which allows a person
to make a partition of his estate by an act inter vivos,
provided that the legitime of compulsory heirs is not
prejudiced.

---------------------------------------------------------
rendering him incapable of
executing the act or service, OBJECT OF THE CONTRACT

allows the perfection of the

3RD REQUISITE
renders the contract void contract,
- although the
fulfillment thereof is Third: The object/services should be licit;
hardly probable - in other words, it should not contrary to law,

2
• __

morals, good customs, public order or
public policy.
RULE: This provision complements the provision of Art. 1306 of the
Code. Consequently, the same principles which we have taken up
under that article may also be applied here
- Article 1306. The contracting parties may
establish such stipulations, clauses, terms
and conditions as they may deem
convenient, provided they are not contrary
to law, morals, good customs, public order,
or public policy. (1255a)
---------------------------------------------------------
OBJECT OF THE CONTRACT
4TH REQUISITE
purpose or motive of the contract itself.
EXAMPLE: In the case of Aurora Fe B. Camacho vs. CA et al.,
G.R. No.127520, Feb. 9, 2007, the SC held that Arts. 1349 and
1460 of the New Civil Code provide the guidelines in determining
whether or not the object of the contract is certain. In this case, the
object of the contract is a 5,000 sq.m.portion of Lot 261, Balanga
Cadastre. The failure of the parties to state the exact location in the
contract is of no moment. This is a mere error occasioned by the
parties’ fsilure to describe with particularity the subject property,
which does not indicate the absence of the principal object as to
render the contract void. Since in this case, Camacho bound herself
to deliver a potion of Lot 261 to Atty. Banzon, the description of the
property subject of the contract is suffi cient to validate the same
NOTE: In case of failure of any of these means [of determining
such quantity],
- RESULT: the contract is without force whatsoever.167
---------------------------------------------------------

Fourth: The object should be determinate, or

at least, possible of determination, as to its
kind. [Article 1349]

RULE: determinate
- it simply means that the genus of the object
- should be expressed
- although there might be no determination of the individual
specie.

RULE: Consequently, there need not be any specification of the

qualities and circumstances of the thing which constitutes the object
of the contract,
- since anyway according to Art. 1246 of the Code: “When
the obligation consists in the delivery of an
indeterminate or generic thing,
- whose quality and circumstances have not been stated,
- the creditor cannot demand a thing of superior quality.
- Neither can the debtor deliver a thing of inferior quality.
The purpose of the obligation and other circumstances
shall be taken into consideration.”

EXAMPLE: Hence, if A and B enter into an agreement by virtue of

which
- the former binds himself to deliver “ten horses”
- to the latter,
- the contract is perfectly valid since the law merely
requires that the object must be determinate, or at least,
determinable, as to its kind.

---------------------------------------------------------
RULE: The fact that the quantity is not determinate
- shall not be an obstacle to the existence of
the contract,
- REQUISITE: provided
- it is possible to determine
the same,
- without the need of
a new contract
between the parties
- NOTE: Possibility of determination would occur
in those cases where the contract itself has
established the basis upon which such quantity
can be determined, such as the needs of a
family, the provisions needed for a factory, the
materials for a particular work, and others of a
similar nature.166
- NOTE: This can be determined from the