Chapter 2 Section 2: Object of Contracts

Question 1

Article 1347

Answer 1

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 intransmissible may also be the object of contracts.
No contract may be entered into upon future inheritance except in cases expressly authorized by law.
All services which are not contrary to law, morals, good customs, public order, or public policy may likewise be the object of a contract.

Question 2

Article 1348

Answer 2

Impossible things or services cannot be the object of contracts.

Question 3

Concept of object of a contract.

Answer 3

The olject of a contract is its subject matter. (Art. 1318 (2).)
In reality, the object of every contract is the obligation created. But since a contract cannot exist without an obligation, it may be said that the thing, service, or right which is the object of the obligation is also the object of the contract. (2 Castan 9.)

Question 4

Requisites of things as object of contract.

Answer 4

In order that things may be the object of a contract, the following requisites must be present:
(1) The thing must be within the commerce of men, that is, it can legally be the subject of commercial transaction (Art.
1347.);
(2) It must not be impossible, legally or physically (Art.
1348.);
(3) It must be in existence or capable of coming into existence (see Arts. 1461, 1493, 1495.); and
(4) It must be determinate or determinable without the need of a new contract between the parties. (Art. 1349; par. 2,
Art. 1460.)

Question 5

Kinds of object of contract.

Answer 5

Object certain is the second essential element of a valid contract. (Ibid.) The object may be things (as in sale), rights (as in assignment of credit), or services (as in agency).

Question 6

Requisites of services as object
of contract.

Answer 6

In order that service may be the object of a contract, the following requisites must concur:
(1) The service must be within the commerce of men;
(2) It must not be impossible, physically or legally (Art.
1348.); and
(3) It must be determinate or capable of being made determinate.

Question 7

Rights as object of contract.

Answer 7

As a general rule, all rights may be the object of a contract.
The exceptions are when they are intransmissible by their nature, or by stipulation, or by provision of law: