Chapter 2 (Section 2)

STUDY GUIDE

I. Definitions
Define or give the meaning of the following:
1. Future Inheritance
- Any property or right, not in existence or capable of determination at the time
of the contract, that a person may inherit in the future, such person having
only an expectancy of a purely heredity right.
2. Physical Impossibility
- When the thing or service in the very nature of things cannot exist or be
performed.
II. Discussions
1. Give the requisites of things as object of a contract.
- 1) The thing must be within the commence of men, that is, it can legally be the
subject of commercial transaction. 2) It must not be impossible, legally or
physically. 3) It must be in existence or capable of coming into existence 4) It
must be determined or determinate without the need of a new contract
between the parties.
2. Give the requisites of service as object of a contract.
- 1) The service must be within the commerce of men 2) It must not be
impossible, physically or legally 3) It must be determinate or capable of being
made determinate.
3. May a contract be entered upon future inheritance?
- No, except in cases expressly authorized by law. (Article 1347)
III. Problems
Explain or state briefly the rule or reason for your answer.
1. S sold to B for P100,000 a parcel of land belonging to S located in his hometown
without specifying its exact location and area. Is the sale valid?
- No, because it does not determine so it is not be existence in contract, so it
must be proved and determine where the exact location and area is.
2. S has several pigs. Under a contract of sale, S binds himself to deliver a pig to a B
for P3,000 if the pig has a weight of at least 30 kilos. State the binding effect of
the sale.
- S already know that the pig is 30 kilos before binding it to B so the price of
the pig is P3,000 so under the contract S should sell it to B P3,000 no more no
less.