Contracts (3)

Question 1

requisites of OBJECT OF CONTRACTS

1347

Answer 1

1. Within the commerce of men

• including future things
• must be transmissible

2. Must not be impossible
3. Existence or capable of coming into existence -
4. Determinate [or] determinable without need of a new contract (as to its kind)

note
- future inheritance tho satisfy element (1), that is, including future things, but CANNOT be subject to a contract.**[1347 (2)]

Question 2

B purchased a parcel of land (lot no. 1234) from S.

Lot 1234 is still registered in the name of [X], the grandmother of S, who died 10 years ago.

However, records show that [X] had apparently executed a last will involving Lot 1234 in favor of [Y], the father of S, who just died one year BEFORE S sold the lot to B.

Was the sale of the lot to B valid? Why or Why not?

Answer 2

[1347 (2)]
No contract may be entered into upon future inheritance except in cases expressly authorized by law.

In this case, at the time the deed was executed, Faustina’s will was not yet probated; the object of the contract, the 9,000 square meter property, still formed part of the inheritance of his father from the estate of Faustina; and Domingo had a mere inchoate (just begun) hereditary right therein (vda. Decabalu vs. Sps tabu)

gpt
PROBTATED (1) - subject matter of the will, shall only be inherited, by the beneficiary of the will, only upon PROBATE of that will.

in the absence of a probate, the property, subject or mentioned in the will, still belongs to the estate of the deceased, and not yet inherited until after probate

PROBATED - means that the last will and testament of Faustina [grandma], which purportedly conveyed Lot 1234 to Y (the father of S), had not yet been officially accepted and recognized by a court as a valid legal document at the time of the sale of the lot to B. Therefore, the property still technically formed part of the inheritance of Y (the father of S) had only an inchoate or incomplete hereditary right to the property until the will was probated and its terms legally confirmed.

Question 3

when is the prohibition of future inheritance being an object of the contract apply? or when does 1347 apply

Answer 3

It applies when the ff. requisites are present

1. the succession has NOT yet been opened;

2 the object of the contract forms part of the inheritance; and

3 the promisOR has, with respect to the object, an expectancy of a right which is purely hereditary
in nature.

note
1 - succession opens upon the death of a person, and in fact yes, it is by operation of law

Question 4

What are the EXC of 1347 (2)

No contract may be entered into upon future inheritance except in cases expressly authorized by law.

Answer 4

1. [Art 84, Family Code] Donation by one spouse to another of NOT more than 1/5 of the present property to take effect after death, where the spouses have agreed on MARRIAGE SETTLEMENT other than absolute community;
2. [Partition of property inter vivos] to take effect upon death of the owner of property (Art. 1080, Civil Code)
   - division can be done while alive and will take effect upon death

Question 5

CAUSE OF CONTRACTS

[A]
what is the meaning of Cause in Cause of Contracts

[B]
Differentiate Cause from Motive

sounds like a bar question

Answer 5

[A]
- The reason which moves the party to enter into the contract, and
- cause is PRESUMED to exist and lawful

[B]
keywords for exam
- Cause = immediate reason
- Motive = remote reason
note
- Motive refers to the personal reasons (have sex w/ a minor) [Liguez v. CA] or intentions that drive an individual’s actions.
- Cause/Consideration is an element of a contract to be valid.

Question 6

Identify what type of contract

Contract:
1. Absence of Cause
2. Failure of Cause
3. Inadequacy of Cause

Answer 6

1. VOID
   2 .VALID
2. VALID (generally)

Question 7

Can MOTIVE become a CAUSE?

Answer 7

Yes, in the case of Liguez v. CA, while MOTIVE is irrelevant in determining the validity of the contract, it may however be considered the CAUSE if it PREDETERMINES the purpose of the contract.

Predetermine, in the sense that if absent of such motive, no contract would have formed in the first place

Observed in the case, if the married man donating the land to cohabit with the minor is the motive for the donation of the land. Absent this motive, no donation would take place so the MOTIVE here predetermines the purpose of the contract, thereby is the cause.

Question 8

Importance of distinguishing CAUSE from OBJECT

not so important card

Answer 8

Relevant in Reciprocal Obligations since the Seller of an object’s cause is money and the Buyer’s cause is the object itself