Summary
Highlights
The video continues the discussion on essential requisites of contracts, focusing on the objects and causes of contracts as per Articles 1347 to 1355. These elements are as crucial to understanding contracts as consent.
Article 1347 states that all things not outside the commerce of men, including future things, rights that are transmissible, and services not contrary to law, morals, good customs, public order, and public policy, can be objects of contracts. Future inheritance, generally, cannot be an object of a contract unless expressly authorized by law.
Examples of things outside the commerce of men include sidewalks, parks, personal rights (like human status or capacity), honorary titles, public offices, political rights (e.g., right to vote), and public dominion property. These cannot be objects of contracts.
An object of a contract must not be impossible, as stated in Article 1348. Impossibility can be physical (absolute or relative) or legal (contrary to law, morals, good customs, public policy, or public order). Impossible things or services cannot be objects of contracts.
Article 1349 requires the object of every contract to be determinate as to its kind, or at least determinable without the need for a new agreement. If an object is indeterminate and cannot be determined, the contract is void for lacking an essential requisite.
Article 1350 defines the cause of contracts. For onerous contracts, the cause is the prestation or promise from the other party. For remuneratory contracts, it's the service or benefit remunerated. For pure beneficence, it's the mere liberality of the benefactor. The subject matter for one party can be the cause for the other.
The video reiterates the classification of contracts based on cause: onerous (reciprocal obligations, e.g., contract of sale), remuneratory (reward for past services), and pure beneficence (gratuitous acts like donation where liberality is the cause).
Article 1351 distinguishes motive from cause. Motives are personal reasons for entering a contract, while the cause is the immediate purpose of the contract. An illegal motive does not automatically void a contract if the cause is lawful, but an illegal cause certainly voids the contract.
According to Article 1352, a contract without a cause or with an unlawful cause produces no effect whatsoever and is void. The cause must be present, true, and lawful (not contrary to law, morals, good customs, public order, or public policy).
Article 1353 states that a false cause in contracts renders them void, unless it can be proven that they were founded upon another true and lawful cause. If a false cause is proven, the contract is void. However, if a true and lawful cause can be demonstrated, the contract remains valid.
Article 1354 establishes a presumption that a cause exists and is lawful, even if not expressly stated in the contract. It is not necessary to explicitly state the cause, but its existence and lawfulness are presumed unless proven otherwise. This implies that while a cause must exist, it doesn't need to be written.
Article 1355 states that lesion (inadequacy of cause or price) generally does not invalidate a contract, unless there has been fraud, mistake, or undue influence. If there's only inadequacy of price, the contract remains valid. However, if fraud, mistake, or undue influence is also present, the contract can be annulled.