RULE: Consent presupposes legal capacity (8 Manresa 646) and

the fulfilment of conditions, should any be attached. (Ruperto v.

CONTRACTS Kosca, 26 Phil. 227).
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CHAPTER 2 Essential Requisites of
Contracts

General Provisions
Article 1318. There is no contract unless the
following requisites concur:
(1) Consent of the contracting parties;
(2) Object certain which is the subject matter of the
contract;
(3) Cause of the obligation which is established.
(1261)
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DEFINITION: (1) Essential —
- are those “There
is no contract unless” such
requisites concur.
- common elements: present in all contracts

ESSENTIAL REQUISITES OF CONSENSUAL

CONTRACTS

(common elements)

(1) Consent of the contracting parties;

(2) Object certain which is the subject matter of the
contract;
(3) Cause of the obligation which is established.
(1261)
- (NOTE: Under the old Civil Code, “consideration”
was the word used instead of “cause of the
obligation.”)

ESSENTIAL REQUISITES OF REAL CONTRACTS

(special element)

Real contracts require a fourth requisite —

(4) DELIVERY.

ESSENTIAL REQUISITES OF FORMAL CONTRACTS

(special element)
Solemn or formal contracts require a fourth requisite —

(4) COMPLIANCE WITH THE FORMALITIES REQUIRED BY LAW.

- (Example: A simple donation inter vivos of
land requires a public instrument for its
perfection.)