- is also the object of the contract. (2 Castan 9.

CONTRACTS DEFINITION: OBJECT OF THE CONTRACT

- it may be said that the object of a contract is a thing or
CHAPTER 2 Essential Requisites of a service.
- REASON: The object of a contract is really to
Contracts create or to end obligations which, in turn,
may involve things or services.

SECTION 2 Object of Contracts ---------------------------------------------------------

OBJECT OF THE CONTRACT
Article 1347. All things which are not outside the
commerce of men, including future things, may be the 1ST REQUISITE
object of a contract. All rights which are not
NOTE: As a general rule, all things or services may be the object
intransmissible may also be the object of contracts.
of contracts. It is, however, essential that the following
REQUISITES must concur
No contract may be entered into upon future
inheritance except in cases expressly authorized by
law. First: The object should be within the
commerce of men;
All services which are not contrary to law, morals, - in other words, it should be
- REQUISITE: [appropriability] susceptible of
good customs, public order or public policy may
appropriation and
likewise be the object of a contract. (1271a) - REQUISITE: [transmissibility] transmissible from one
person to another.
Article 1348. Impossible things or services cannot be - EXCEPTION: All rights which are not
the object of contracts. (1272) intransmissible may also be the
object of contracts
Article 1349. The object of every contract must be
determinate as to its kind. The fact that the quantity is OBJECTS OUTSIDE THE COMMERCE OF MEN

not determinate shall not be an obstacle to the

(1) those things
existence of the contract, provided it is possible to - which are such by their very nature [sacred things,
determine the same, without the need of a new res nullius [nobody's property]
contract between the parties. (1273) - such as common things like the air or the
--------------------------------------------------------- sea,
- and
OBJECT OF THE CONTRACT - property belonging to the public
domain;
DEFINITION
(2) those
- which are made such
REMINDER: (2) Object XXX
- by special prohibitions established by
- is the subject matter of the contract; [Article
law,
1318] - such as poisonous substances, drugs, arms,
explosives, and contrabands;
DEFINITION: OBJECT OF THE CONTRACT [CASTAN]
- In reality, the object of every contract is
(3) those rights which
- the obligation created.
- are intransmissible because either
- But since a contract cannot exist without an obligation,
- they are purely personal in character,
- it may be said that the
- such as those arising from the
relationship of husband and
(kinds of objects:)
wife, like jus consortium,
- thing
- or from the relationship of paternity and
- (as in sale of property)
filiation,
- service, or
- like patria potestas,
- (as in agency)
- or
- right
- they are honorary or political in
- (as in assignment of credit)
character,
- such as the right to hold a
- which is the object of the obligation
• __

public office and the right of

suffrage. RULE: In case of doubt about the nature of the contract,
- it must be deemed to be conditional because of
RULE: Thus, in this jurisdiction, it has been held that the principle stated in Art. 1378 of the Code that
communal things, such as public plazas, sidewalks, streets, the doubt shall be resolved in favor of the
rivers, fountains and other things for public use cannot be greatest reciprocity of interests.15
sold or leased because they are by their very nature
outside the commerce of men ------------------------------------------------------
RULE:Impossible things or services cannot be the
---------------------------------------------------------
object of contracts. [Article 1348]
OBJECT OF THE CONTRACT - Thus, if the parties enter into a contract with
respect to an impossible thing:
2ND REQUISITE - like a mythical bird or animal
- or with respect to an impossible service
like a trip to some distant planet or
NOTE: As a general rule, all things or services may be the object
galaxy,
of contracts. It is, however, essential that the following
- RESULT: the contract is void or inexistent.
REQUISITES must concur

ABSOLUTE IMPOSSIBILITY RELATIVE IMPOSSIBILITY

Second: The object should be real or
which arises from the very which arises from the
possible, meaning;
nature or essence circumstances or
qualifications
[REAL]
of the act or service itself, of the obligor
- it should exist at the moment of the celebration
of the contract,

rendering him incapable

RULE The most evident and fundamental requisite in order
of executing the act or
that a thing, right or service may be the object af a
service,
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
renders the contract void allows the perfection of
sentence of Art. 1347, even future things may be the object
the contract,
of contracts.
- although the
fulfillment thereof
RULE: Things which have perished, In principle, cannot be
is hardly
the object of contracts because they are inexistent.
probable
- The rule declared in Art. 1493 of the Civil Code to
the effect that “if at the time the contract of sale
When the impossibility is Thus, as a consequence, in
is perfected, the thing which is the object of the
permanent, however, as in a contract of partnership
contract has been entirely lost, the contract shall
the case of a person who where one of the partners
be without any effect’’ can, therefore, be
is unable to perform the obligates himself to
generalized. [8 Manresa, 5th Ed., Bk. 2, p. 432.]
service which he has contribute to the common
contracted because of fund an amount which is
[POSSIBLE] total blindness, the beyond his means, the
- OR at least, it can exist subsequently contract is void.16 contract is not void
- or it can exist in the future. [including future because the impossibility
things] may disappear.
- It is clear from Art. 1347 that a future thing may
be the object of a contract.156
No contract may
EXCEPTION RULE [FOR FUTURE THINGS]:
Such contract, according to Manresa, maybe interpreted
in two possible ways: be entered into upon future inheritance
(1) conditional contract - REASON: If the rule were otherwise, there would
- if its efficacy should depend upon the future always be the possibility that one of the
existence of the thing contracting parties may be tempted to instigate
the death of the other in order that the
(2) aleatory contract
inheritance will become his.
- if one of the contracting parties should bear the
- EASON: There would also be the possibility, and
risk that the thing will never come into existence

2
• __

RULE: This provision complements the provision of Art. 1306 of

this is more probable, that fraud and prejudice
the Code. Consequently, the same principles which we have
may be committed or occasioned thereby. taken up under that article may also be applied here
- REASON: Besides, the right to make a will would - Article 1306. The contracting parties may
then be subordinated to the right to enter into a establish such stipulations, clauses, terms
contract.159 and conditions as they may deem
- EXAMPLE: it has been held that an agreement for convenient, provided they are not contrary
the partition of the estate of a living person, made to law, morals, good customs, public order,
between those who, in case of death, would or public policy. (1255a)
inherit the estate is null and void.160
---------------------------------------------------------
- EXAMPLE: it has been held that where the vendor
OBJECT OF THE CONTRACT
undertook to convey to the vendee his
participation in the property left by his deceased
father, the part of the property belonging to his 4TH REQUISITE
mother, who is still living, cannot at all be affected
by the conveyance, since his interest in the
Fourth: The object should be determinate,
property of his mother at the time of the
execution of the deed of sale was a future or at least, possible of determination, as
inheritance and could not be the subject matter to its kind. [Article 1349]
of a valid contract, pursuant to the second
paragraph of Art. 1347.
RULE: determinate
- it simply means that the genus of the object
EXCEPTION TO THE EXCEPTION RULE [FOR FUTURE
- should be expressed
inheritance]: - although there might be no determination of the
- except in cases expressly authorized by individual specie.
law.
- EXAMPLE: after the death of the decedent,
RULE: Consequently, there need not be any specification of
anyone of the co-heirs may enter into a contract
the qualities and circumstances of the thing which constitutes
with respect to the inheritance even before the object of the contract,
partition has been effected. This is so because of - since anyway according to Art. 1246 of the Code:
the principle announced in Art. 777 of the Code “When the obligation consists in the delivery of an
that the rights to the succession are transmitted at indeterminate or generic thing,
the moment of the death of the decedent.162 - whose quality and circumstances have not been
stated,
- (1) Under Art. 130 of the Code, which allows the
- the creditor cannot demand a thing of superior
future spouses to give or donate to each other in
quality.
their marriage settlement their future property to - Neither can the debtor deliver a thing of inferior
take effect upon the death of the donor and to quality. The purpose of the obligation and other
the extent laid down by the provisions of the Civil circumstances shall be taken into consideration.”
Code relating to testamentary succession; and
EXAMPLE: Hence, if A and B enter into an agreement by
- (2) Under Art. 1080 of the Code, which allows a
virtue of which
person to make a partition of his estate by an act
- the former binds himself to deliver “ten horses”
inter vivos, provided that the legitime of - to the latter,
compulsory heirs is not prejudiced. - the contract is perfectly valid since the law merely
requires that the object must be determinate, or at
--------------------------------------------------------- least, determinable, as to its kind.

OBJECT OF THE CONTRACT

---------------------------------------------------------
RULE: The fact that the quantity is not determinate
3RD REQUISITE
- shall not be an obstacle to the existence of
the contract,
Third: The object/services should be licit; - REQUISITE: provided
- not contrary to law,
in other words, it should - it is possible to determine
morals, good customs, public order or the same,
public policy. - without the need of
a new contract

3
• __

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
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

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