Object of Contracts (Art.

1347 – 1349)
Object of a Contract is its subject matter. (Art. 1318)

Kinds of Object of Contracts:

• Things (as in Sale)
• Rights (as in assignment of
credit)
• Services (as in Agency)
If Object of Contract is a Thing
Requisites:

1. It must be within the commerce of men. (Art.

1347)
2. It must not be impossible, physically and
legally. (Art. 1348)
3. It must be determinate or determinable. (Arts.
1349, 1460, par. 2)
4. It must be in existence or capable of coming
into existence. (Arts. 1461, 1493, 1495)
If Object of Contract is a Service
Requisites:

1. It must be within the commerce of men.

(Art. 1347)
2. It must not be impossible, physically and
legally. (Art. 1348)
3. It must be determinate or determinable.
(Arts. 1349, 1460, par. 2)
If Object of Contract is a Right

General Rule:

All rights may be the object of contract except

when they are intransmissible in nature, or by
stipulation, or by provision of law.
 Contracts on Future Inheritance

 Future Inheritance is 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.
💡 General Rule: Contracts concerning Future Inheritance is void, unless expressly
authorized by law which are:
1. In case of marriage settlements, future inheritance may be the object of
donation. (Art. 84, Family Code)
2. In case of partition of property by act inter vivos by a person to take upon his
death. (Art. 1080)
 Kinds of Impossibility (Art. 1349)

1. Physical – an object in its very

nature is inexistent.
a.) Absolute – an act that cannot
be done.
b.) Relative – arises from
circumstances of the case or
qualifications of the obligor.
2. Legal – when an object becomes
illegal.
Art. 1349. The object of every contract must be determinate
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.