CHAP 2 SEC 2 (contracts)

Question 1

Object of a contract

Answer 1

Is its subject matter

Question 2

Future inheritance

Answer 2

ANY PROPERTY OR RIGHT, not in existence or capable of determination at the time of the contract, that a person MAY INHERIT in the FUTURE, such person HAVING ONLY EXPECTANCY of a purely HEREDITARY RIGHT

Question 3

Absolute Physical impossibility

Answer 3

When the ACT CANNOT BE DONE IN ANY CASE so that NOBODY CAN PERFORM IT

It NULLIFIES THE CONTRACT

Question 4

Relative Physical Impossibility

Answer 4

When it arises from the SPECIAL CIRCUMSTANCES of the case or the special conditions or qualifications of the obligor

It DOES NOT NULLIFY THE CONTRACT IF TEMPORARY

Question 5

Legal impossibility

Answer 5

When the thing or service is CONTRARY TO LAW, MORALS, GOOD CUSTOMS, PUBLIC ORDER, OR PUBLIC POLICY

Question 6

Physical impossibility

Answer 6

When the thing or service in the very nature of things CANNOT EXIST or be PERFORMED
With particular reference to SERVICES, the impossibility may be ABSOLUTE or RELATIVE

Question 7

Requisites of THINGS as object of contract

Answer 7

1. The thing must be WITHIN THE COMMERCE OF MEN, that is, it CAN BE LEGALLY BE THE SUBJECT OF COMMERCIAL TRANSACTION
2. It MUST NOT BE IMPOSSIBLE, legally or physically
3. It must be in EXISTENCE OR CAPABLE OF COMING INTO EXISTENCE
4. It must be DETERMINATE OR DETERMINABLE without THE NEED OF A NEW CONTRACT between the parties

Question 8

Requisites of SERVICES as object of contract

Answer 8

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

Question 9

Exceptions for the general rule that all rights can be the object of a contract

Answer 9

1. OUTSIDE THE COMMERCE OF MEN
2. IMPOSSIBLE, legally or physically
3. DETERMINABLE things
4. FUTURE things or rights
5. INTRANSMISSIBLE rights

Question 10

Exceptions: if the LAW PERMITS contracts on future inheritance

Answer 10

1. In the case of DONATIONS by reason of MARRIAGE between future spouses with respect to their future property to take effect, only in the EVENT OF DEATH, to the extent laid down by law in testamentary succession
2. In the case of PARTITION OF PROPERTY by act inter vivos by a person to take effect upon his DEATHTA