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An object (subject matter) is a thing, service, or right that constitutes the prestation of an obligation in a

contract. It could be anything that is within the commerce of men, either present or future.
Requisites of Object
An object of a contract must be:
 within the commerce of man.
 transmissible from one person to another.
 possible, both legally and physically.
 determinable, without the need of another contract.
Similarly, an object must not be:
 outside the commerce of man, such as public properties.
 intransmissible, such as civil and political rights.
 contrary to law, morals, good customs, public order, or public policy.
A future thing may also be used as an object.

WHAT REQUISITES MUST CONCUR IN ORDER THAT A THING, RIGHT OR


SERVICE
MAY BE THE OBJECT OF CONTRACTS?
As a general rule, all things, rights or services may be the object of contracts. It is
however, essential that the following requisites must concur:

a) The object should be within the commerce of men; in other words, it should
be susceptible of appropriation and transmissible from one person to
another;
b) The object should be real and possible; in other words, it should exist at the
moment of the celebration of the contract, or at least, it can exist subsequently
or in the future;
c) The object should be licit; in other words, it should not be contrary to law,
morals, good customs, public order or public policy;
d) The object must be transmissible;
e) The object should be determinate, or at least, possible of determination, as to
its kind. The fact that the quantity is not determinate shall not be an obstacle
to the existence of the contract, provided it is possible to determine the same,
without the need of a new contract between the parties (Article 1349).

WHAT THINGS, RIGHTS OR SERVICES CANNOT BE THE OBJECT OF


CONTRACTS?

a) Things which are outside the commerce of men, including future things;
b) Rights which are intransmissible;
c) Future inheritance except in cases expressly authorized by law;
d) Services which are contrary to law, morals, good customs, public order or
public policy (Article 1347);
e) Impossible things or services (Article 1348);
f) Objects which are not determinate as to their kind (Article 1349).
If the parties enter into a contract with respect to the above contracts, the contract
is void or inexistent.

—Services with imply an absolute submission by those who by those who render them
sacrificing their liberty, their independence or beliefs

—Personal rights such as marital authority, status and capacity of a person and
honorary titles and distinction.

—Public offices, inherent attributes of public authority and political rights of an individual
such as suffrage.

—Property while they pertain to the public dominion.

—Sacred things, common things such as air and sea

In order that a contract may fall with in the provision of this article the following requisite
is necessary:

—That the succession has not yet been opened

—That the object of the contract

—That the promisor has with respect to the object, an expectancy or right which is
purely headitary in nature

—Not part of inheritance

—When the object of the contract  is not a part of inheritance, the provision does not
apply even if the delivery of such object is dependent upon death of one of the
contracting parties.

—Contrary to law or morals

—The contract is void if at the time it is entered into the object of object is contrary to
law  or morals. The law violated need not to be penal in nature, it is enough that it be
mandatory or prohibited.
—Prestation of third party

—The prestation promised in a contract must be personal to the party. A person can be
obligate himself he cannot obligate a third person

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