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All things which are within the commerce of man including future things
having potential existence, rights which are not intransmissible and services
which are not contrary to law, morals, good customs, public order, and public
policy, and not impossible of compliance may be the object of a contract
(2) That the object of the contract forms part of the inheritance; and
(3) That the promissory has, with respect to the object, an expectancy of a right
which is purely hereditary in nature.
Things having potential existence are those which are sure to come barring only
unforeseen events although not yet possessed. To this classification may fall such
things, like mangoes from existing mango trees for the coming season; the grains
that may be harvested from a definite area of rice land; the milk that a cow will yield
in the coming year or young animals from a definite mother cow.
The general requirement is that the thing sold must exist at the time of the
contract or have a potential existence. Most things that are sold are in existence at
the time of the sale.
5. May things which are within the commerce of man cease to be so? Why?
Yes, things which are within the commerce of man may cease or
prohibited due to some local ordinances hence goes outside the commerce of
man.
7. X own a 5-hectare lot planted with 300 lanzones trees which yield about 900
baskets a season. Two months before the next season he entered into a contract
of sale with Y regarding the fruits which is may yield in the next season. Is the
object of the contract determinate? Why?
Yes, the object of the contract is determinate because the quantity is not
capable of the determination at the time the contract is perfected.
8. X and Y are father and son. On January 15, 1984 Y enters into a contract with Z
whereby he sells a white race horse which he alone will inherit in addition to the
other properties of X. On January 20 same year, X dies. Discuss the effects of
the sale.