Scribd
Upload
483 views

Objects of Contracts

The sale of land from Abbie Tolentino to Michika Laure is valid even though the exact location and area of the land were not specified. According to Article 1349, the object of a contract needs only to be determinate as to its kind, not its quantity, and the location and area can be determined later by the parties without requiring a new contract. In the second case, Abbie Tolentino agreed to deliver a pig weighing at least 20 kilos to Michika Laure for P3,000. This sale is binding as the object, a pig meeting the stated quality of weighing at least 20 kilos, is determinate even if the specific pig is not yet identified.

Uploaded by

John Chua
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
483 views

Objects of Contracts

The sale of land from Abbie Tolentino to Michika Laure is valid even though the exact location and area of the land were not specified. According to Article 1349, the object of a contract needs only to be determinate as to its kind, not its quantity, and the location and area can be determined later by the parties without requiring a new contract. In the second case, Abbie Tolentino agreed to deliver a pig weighing at least 20 kilos to Michika Laure for P3,000. This sale is binding as the object, a pig meeting the stated quality of weighing at least 20 kilos, is determinate even if the specific pig is not yet identified.

Uploaded by

John Chua
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 1

DISCUSSION ON OBJECT OF CONTRACTS

a. Abbie Tolentino sold to Michika Laure for P100,000 a parcel of land belonging to Abbie
Tolentino in his hometown without specifying its exact location and area. Is the sale
valid?
 The sale of the land is valid for the reason that the object is determinate
as to its kind despite the fact that it has not been particularized. The
information that the area is not determinate shall not be an obstacle to
the existence of the contract considering such area can be determined by
the parties without the obligation of getting oneself into another
contract.
 Article 1349 states that “the object of every contract must be
determinate 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 parties.
b. Abbie Tolentino has several pigs. Under a contract of sale, Abbie Tolentino, binds
himself to deliver a pig to Michika Laure for P 3,000 if the pig has a weight of a least 20
kilos. State the binding effect of the sale.
 Seeing that the obligation consists in the delivery of a generic thing which
is determinable, and whose quality and circumstances have been stated
which is Michika will pay for a price of 3,000.00 if the pig has a weight of
at least 20 kilos, so Abbie cannot necessitate to accept a pig that weighs
20 kilos below. The moment the pig is handed over, it becomes
determinate or certain.

You might also like