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1. What may be the object of contracts?

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. The law prohibits future inheritance to be an object of a contract. When is an


inheritance considered as future inheritance?

For the inheritance to be considered “future”, the succession must not


have been opened at the time of the contract. A contract may be classified as a
contract upon future inheritance, prohibited under the second paragraph of
Article 1347, where the following requisites concur:

(1) That the succession has yet been opened;

(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.

3. When may the object of a contract be considered as determinate/

The object of the contract must be determinate as to leave no doubt as to


which is intended from the kind where it belongs, or must have definite limits.
However, the fact that the quantity is not determinate is not an obstacle to the
existence of the contract, provided it is possible to determinate what the object is
without the need of a new contract between the parties

4. When may a thing have potential existence? Explain.

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.

6. May an impossible service be the object of a contract? Why?

NO, things or services, as object of the contract must not be physically or


legally impossible otherwise the contract is void for lack of object and as to
service, impossibility may be absolute or relative.

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.

The effect of sale is that for Y to validate the contract, he must


process the transferring of property title as soon as possible to avoid
penalties, but if he failed to do so, it is outside the commerce of man since
the contract is to inherit in addition to the other properties of X.

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