ANALYSIS PAPER FORMAT.docx

Object of a contract is the subject matter.
In reality object of a contract is the creation of obligation

since it cannot exist w/o obligation therefore it can be the thing service or right or the object of the
obligation be the object of contract
Kinds of object of contract object certain is the second most essential element of valid contracts. It
can be things as in sales, rights as assignment of credit or services as in agency.
Requisites of things as object of contract

1. The thing must be w/n the commerce of men that it can be legally be the subject of
commercial transaction
2. It must not be impossible, physically or legally
3. It must be in existence or capable of coming into existence.
4. It must be determinate or determinable w/o the need of new contract.
Requisites of service as object of contract

1. The service must be w/n the commerce of men
2. It must not be impossible, physically or legally
3. It must be in existence or capable of being determinate.
Rights of object of contract. All rights may be the object of a contract. In exemption they are
intransmissible by its nature, by stipulation or by the provision of law.
Future inheritance is any property or right not in existence or capable of determination of the time
of contract that may inherit in the future.
Validity of Contracts upon future inheritance general rule states that except in cases expressly
authorized by law a contract concerning future inheritance is void. In exemption it permits future
inheritance in the case of donations by reason of marriage between future spouses and in the case of
partition of property by an act of inter vivos to effect upon his death.
2 Kinds of impossibility are physical and legal. Physical when the things or service cannot exits or be
performed like monkey that talks. Under physical there are 2 circumstancesthe first one is absolute
when it cannot be because nobody can perform it which it nullifies the contract the second one is
relative when it arises from special circumstances of the case or special conditions or qualifications
of the obligor. The second one is Legal it is when the things or service is contrary to law, good
customs, public order or public policy.
Quantity of object of contract need not be determinate. The debtor object of contract must be
determinate as to its kind or at least determinable w/o the necessity or new or further agreement.
Meaning of Causa it is the essential reason or purpose which the parties have in the view at the time
of entering into the contract.
Cause distinguish from object a bilateral or reciprocal contract like purchase and sale the cause for
one is the subject matter or object for other.
Classification of contracts accndg to cause. The first one is onerous or the one cause of which for
each contracting party is the prestation or promise of a thing or service by the other. The second is
remuneratory or remunerative or the cause of the service or benefit which is remunerated. The
third one is gratuitous or one the cause of which is the liberality of the benefactor or giver.
Meaning of motive is the purely personal or private reason which a party has in entering into a
contract.
1
Cause distinguish from motive. Cause is the immediate or direct reason, while motive is the remote
or indirect reason. Cause is always known to the other contracting party, while motive may be
unknown. Cause is an essential element of a contract while motive is not. The illegality of cause
affects the validity of a contract while illegality of motive does not render the contract void.
Requisites of cause.
1. Must exist at the time the contract is entered into.
2. Must be lawful
3. Must be true or real
Effect of absence of cause. Absence or want of cause is that there is a total lack of any valid
consideration for the contract.
1. A contract which is absolutely simulated or fictitious is inexistent and void.
2. Where there is in fact no consideration the statement of one in the contract will not suffice
to bring it stating a false consideration.
3. Promises to make a gift or to render some gratuitous service in the future are not
enforceable as contracts bcoz they contain no consideration.
4. Promises made in gratitude for good deeds of others cannot be enforced for they constitute
only moral not legal.
Effect of failure of cause. Absence of cause should be distinguished form inadequacy of cause is not
a ground for relief and from failure of caus which does not render a contract void.
Effect of illegality of cause. Illegality of cause that there is a cousebut the same is unlawful or illegal.
1. A promise of marriage based upon cornal connection is founded on an unlawful cause and void
and no action can be maintained by the woman against the man. 2. A contract whereby a person
accused of a crime obliged himself to give a sum of money in consideration of the promise on the
part of the obligee to refrain from testifying against him is void.
Effect of falsity of cause. Falsity of cause means that the contract states a valid consideration but
statement is not true.
Cause presumed to exist and lawful. It is not necessary that the cause be expressedly stated in
contract. It is presumed that the cause exist and lawful unless the debtors proves the contrary.
Meaning of lesion. Lesion is any damage caused by the fact that the price is unjust or inadequate.
Effect of lesion or inadequacy. The general rule in that lesion or inadequacy of cause does not of
itself invalidate a contract. In exemptions the lesion invalidate a contract when there has been
fraud, mistake or unfair influence and in cases specified by law.

ANALYSIS PAPER FORMAT.docx

Uploaded by

Copyright:

Available Formats

ANALYSIS PAPER FORMAT.docx

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

ANALYSIS PAPER FORMAT.docx

Uploaded by

Copyright:

Available Formats

Object of a contract is the subject matter.

In reality object of a contract is the creation of obligation

Requisites of things as object of contract

Requisites of service as object of contract

You might also like