Art. 1348.

Impossible things or services cannot be Determinate- the genus of the object should be
the object of contracts
Impossible things or services
If the parties enter into a contract with respect to an
impossible thing, the contract is void or inexistent.
As far as impossible services are concerned, a
distinction should be made between absolute and
relative impossibility
Absolute impossibility- arises from the very nature
or essence of the act or service itself, renders the
contract void;
Relative impossibility- arises from the
circumstances or qualications of the obligor
rendering him incapable of executing the act or
service, allows the perfection of the contract, although
the fulllment thereof is hardly probable
Ex: In a contract of partnership where one of the
partners obligates himself to contribute to the
common fund an amount which is beyond his means,
the contract is not void because the impossibility may
disappear
When the impossibility is permanent, however, the
contract is void
Ex: A is unable to perform the service which he has
contracted because of total blindness
Impossibility may be:
a) Nature and transaction or because of the law
b) Absolute (objectively impossible)- No one
can do it
c) Relative (subjectively impossible)- The
particular debtor cannot comply
The impossibility referred to by the law is
absolute impossibility
expressed although there might be no determination
of the individual specie
If the object is not determinate or determinable, the
contract is void for want of an essential requisitethe
object of the contract
There need not be any specication of the
qualities and circumstances of the thing which
constitutes the object of the contract,
Art. 1246: When the obligation consists in
the delivery of an indeterminate or generic
thing, whose quality and circumstances
have not been stated, the creditor cannot
demand a thing of superior quality. Neither
can the debtor deliver a thing of inferior
quality. The purpose of the obligation and
other circumstances shall be taken into
consideration.
Ex: Sabi sa contract ni Mau at ni Gelo bibigyan si Mau
ng 5 na dildos. Contract between them is valid
because the law merely requires that the object must
be determinate, or at least determinable, 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. In this case, there can be no question
about the validity of a contract in which there is no
specication of the quantity.
This would occur in those cases where the contract
itself has established the basis upon which such
quantity can be determined
Ex: needs of a family, provisions needed for a factory,
materials for a particular work

Impossibility Not to Be Confused from Mere

Difculty

A showing of mere inconvenience, unexpected

impediments, or increased expenses is not enough

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.

Determinability of object--- It is also an

indispensable requisite that the object is
determinable, or at least, determinable, as to its
kinds
Section 3. Cause of Contracts Contract Vendor-
of Sale acquisition of the
Art. 1350. In onerous contracts the cause is purchase price;
understood to be, for each contracting party, the obligation of the
The thing sold
prestation or promise of a thing or service by the vendee
and the price
other; in remuneratory ones, the service or benet which is paid
which is remunerated; and in contracts of pure Vendee-
acquisition of a
benecence, the mere liberality of the benefactor
thing; obligation of
Concept of Cause the vendor

Cause is the why of the contract or the essential

reason which moves the contracting parties to Cause in Accessory Contracts Like Mortgage and
enter into the contract Pledge
-it is the immediate, direct or most proximate reason The cause is the same as the cause for the principal
which explains and justies the creation of an contract of loan
obligation through the will of the contracting parties.
Cause in Accessory Contracts of Personal
Onerous Remuneratory Guaranty (Guaranty and Suretyship)
it is the service or
The cause is
benet which is The cause is, generally, pure liberality. The contract of
understood to be, for
remunerated; and in guaranty is gratuitous, unless there is stipulation to
each contracting party,
contracts of pure the contrary. Sometimes, however, some material
the prestation or
benecence, it is the consideration may be given
promise of a thing or
liberality of the
service by the other
benefactor Moral Obligation as a Valid Cause of a Civil
Obligation
Distinguished from consideration- may be used If moral obligation does not exist, there is no valid
interchangeably. What may be the subject matter for cause.
one part will be the cause or consideration for the
other party Shocking Cause or Consideration

Cause Consideration May render the contract void/ void ab initio

Causa, merely a the
Common law term
civil law term
Limited in scopre in
Broader scope in civil
Anglo-American
law jurisdictions
jurisdictions

Many agreements which cannot be supported in

Anglo-American law for want of consideration can be
enforced under the broader doctrine of causa

Distinguished from object

Contract Cause Object

Renumera Thing which is
tory Service or benefit
given in
Contracts renumerated
renumeration
Gratuitous Limited in
Contracts Broader scope in scopre in
civil law Anglo-
jurisdictions American
jurisdictions
Onerous Prestation or
Contracts promise of a thing The thing of
or service by the service itself
other