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Questions and Answers
What happens to a contract that has an illegal cause?
What happens to a contract that has an illegal cause?
A contract is affected if one party's motive for entering into the contract is illegal.
A contract is affected if one party's motive for entering into the contract is illegal.
False
What must be present for a contract to be obligatory, regardless of its form?
What must be present for a contract to be obligatory, regardless of its form?
All essential requisites for validity
A contract will be considered void if the cause is __________.
A contract will be considered void if the cause is __________.
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Match the motives for donations to their possible reasons:
Match the motives for donations to their possible reasons:
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What defines the term 'forms' in relation to contracts?
What defines the term 'forms' in relation to contracts?
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Mike's personal motive for selling his car affects the legal validity of the sale.
Mike's personal motive for selling his car affects the legal validity of the sale.
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Contracts shall be obligatory in whatever form they may have been ________ into.
Contracts shall be obligatory in whatever form they may have been ________ into.
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What type of contract involves each party having reciprocal obligations to each other?
What type of contract involves each party having reciprocal obligations to each other?
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In a gratuitous contract, the giver expects something in return for their services.
In a gratuitous contract, the giver expects something in return for their services.
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What distinguishes cause from motive in a contract?
What distinguishes cause from motive in a contract?
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In a __________ contract, the cause is the service that has been previously rendered.
In a __________ contract, the cause is the service that has been previously rendered.
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Match the following types of contracts to their descriptions:
Match the following types of contracts to their descriptions:
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Which example best illustrates an onerous contract?
Which example best illustrates an onerous contract?
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The motives of parties involved in a contract can be identical.
The motives of parties involved in a contract can be identical.
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What is an example of a gratuitous contract?
What is an example of a gratuitous contract?
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Which of the following can be the object of a contract?
Which of the following can be the object of a contract?
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A contract can be made with an object that is impossible to exist.
A contract can be made with an object that is impossible to exist.
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What does the term 'lesion' refer to in the context of contracts?
What does the term 'lesion' refer to in the context of contracts?
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The object of every contract must be __________ as to its kind.
The object of every contract must be __________ as to its kind.
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Match the reasons for impossibility of performance with their definitions:
Match the reasons for impossibility of performance with their definitions:
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Which of the following statements is true about the object of a contract?
Which of the following statements is true about the object of a contract?
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Lesion refers to the fair value received in a contract.
Lesion refers to the fair value received in a contract.
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According to Article 1349, what is the requirement for the quantity of the object in a contract?
According to Article 1349, what is the requirement for the quantity of the object in a contract?
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Study Notes
Business Law - Oblicon
- Course members: Fundador, Galicia, Labaniego
- Focus: Chapter 2 - Object of Contract
Chapter 2: Object of Contract
- Article 1347: Things not outside commerce of men (including future things) and non-intransmissible rights can be contract objects.
- Actual Object: Something sought or accomplished, equivalent to the obligation created.
- Possible Objects: All things not outside commerce of men, including future things. Something is outside commerce if it cannot be lawfully appropriated. All non-intransmissible rights may also be contract objects.
- Impossibility (Article 1348): Impossible things/services cannot be contract objects. Impossibility is the inability to exist, occur, or be done. Facts/circumstances excusing performance could include subject deterioration, delivery method failure, new law preventing performance, or death/illness.
- Determinable Object (Article 1349): Contract objects must be determinable. Indeterminable quantity doesn't prevent a contract if determinable without new agreement.
- Lesion Defined: Loss from contract non-performance. Injury from not receiving equivalent value bargained for.
Chapter 2: Section 3 - Cause of Contracts
- Article 1350: Cause in onerous contracts is the promise/ prestation of something/service between parties (or service/benefit for remunerative contracts etc.). Cause is the essential reason, separate from motive.
- Cause vs Motive: Cause is the essential reason for the contract, but motive is the individual reason behind the contract. The latter does not invalidate a valid contract.
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Classification of Contracts According to Cause:
- Onerous: Reciprocally obligated parties. Example: lease
- Remuneratory: Rewards previous service. Example: freelance consultant agreement
- Gratuitous: Liberality of the benefactor. Example: pro-bono legal services
Chapter 3: Forms of Contracts
- Article 1356: Contracts are obligatory regardless of form, providing essential requisites are present. Mandatory form requirements are strict.
- Form Defined: Manner of contract creation (payroll evidence/writing). The class (general/limited/corporate) is not critical.
Obligatory Effects of Contracts
- General Rule: Contracts are obligatory in whatever form, even without written form, if all essential elements are present
Article 1357
- If the law mandates a specific form (e.g., writing), the parties must comply. Contract perfection precedes the required form.
Article 1358
- Public document requirements:
- Creation/transmission/modification/extinguishment of real rights over immovable property.
- Cession/renunciation/reputation of hereditary/conjugal rights.
- Power to administer property or other acts affecting third parties.
- Cessions of actions/rights from actions in public documents.
Public Document Defined
- Public document is an instrument authorized by a notary or competent public official with required solemnity by law. A public instrument, or a legislative enactment is also a public document.
Effect if Contracts in Article 1358 are not in writing
- Contracts under 1358 don't need writing - Binding & enforceable irrespective.
Article 1358 in the context of the Civil Code
- Contracts exceeding 500 pesos must be in writing, but the writing itself is not a necessity for validity/enforceability (as a legal condition).
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Description
Explore the key concepts of Chapter 2 in Business Law, focusing on the Object of Contract. This includes the definition of actual and possible objects, conditions under which objects may be included in contracts, and the implications of impossibility in contract law. Understand the essential criteria that determine valid contract objects.
