CHAPTER 2 SECTION 2. - Object of Contracts
- Cause of Contracts
ESSENTIAL REQUISITES OF
CONTRACTS
GENERAL PROVISIONS
Art. 1320. An acceptance may be
express or implied.
Interpretation: This article stated
that the acceptance can be through
verbally, written, or payment.
Art. 1321. The person making the
offer may fix the time, place, and
manner of acceptance, all of which
must be complied with.
Interpretation: This article stated
that the person making the offer must
specify time, place, and manner of
acceptance, otherwise the offer will
be terminated. If the offer is made to
a person present the acceptance must
be made immediately as the offeror
cannot complain that he was not
given a reasonable period to accept
or reject the offer.
Art. 1322. An offer made through an
agent is accepted from the time
acceptance is communicated to him.
Interpretation: The article explains
that when an offeror appoints an
agent to represent him, the offer is
deemed accepted by the agent when
accepted by the offeree. The agent
must be authorized by the offeror,
such as an attorney and if not, the
offer is not binding. The offeree may
also act through an authorized agent.
SECTION 3.
Art. 1347. All things which are not Art. 1353. The statement of a false
outside the commerce of men, cause in contracts shall render them
including future things, may be the void, if it should not be proved that
object of a contract. All rights which they were founded upon another
are not intransmissible may also be cause which is true and lawful.
the object of contracts. (1276)
No contract may be entered into
upon future inheritance except in Interpretation: This article stated
cases expressly authorized by law. that void contracts cannot be ratified,
All services which are not contrary to but if another true and lawful cause
law, morals, good customs, public supports it, then the contract is still
order or public policy may likewise valid. It can also be applied to
be the object of a contract. (1271a)
simulated contracts that are
Interpretation: This article stated
that the object of a contract is its considered void, as long as it can be
subject matter, which can be a thing, established that there is another valid
right or service. There are exceptions cause for it.
to this rule such as future inheritance
in marriage settlements and portion
of property made by deceased. Art. 1354. Although the cause is not
stated in the contract, it is presumed
that it exists and is lawful, unless the
Art. 1348. Impossible things or
debtor proves the contrary. (1277)
services cannot be the object of
Interpretation: The presumption
contracts. (1272)
that the cause exists and is lawful is
Interpretation: Contracts cannot be
rebuttable, but if the debtor can
made with impossible things or
prove otherwise, the presumption can
services due to the nature of the
be questioned.
transaction or the law, which is
absolute impossibility.
Art. 1355. Except in cases specified
by law, lesion or inadequacy of cause
Art. 1349. The object of every
shall not invalidate a contract, unless
contract must be determinate as to its
there has been fraud, mistake or
kind. The fact that the quantity is not
undue influence.
determinate shall not be an obstacle
Interpretation: The law assumes
to the existence of the contract,
that the parties themselves are the
provided it is possible to determine
best judges of the value of a contract,
the same, without the need of a new
regardless of whether the price is
contract between the parties. (1273)
inadequacy or not. Fraud, mistake or
Interpretation: The obligation to
undue influence cannot affect the
deliver a generic or indeterminate
validity of a contract.
thing requires a new agreement
between the parties, regardless of its
quality and circumstances.