Things which are outside the commerce of men 2

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Unformatted text preview: does not invalidate contract except when it predetermines purpose of contract; when merged into one Cause Direct and most proximate reason of a contract Objective and juridical reason of contract Cause us always same for each contracting party Indirect reasons Motive or remote Psychological or purely personal reason The motive differs for each contracting party Void - produce no legal effect Void - produce no legal effect Voidable – party must prove that cause is untruthful; presumption of validity but rebuttable Presumed to Exist - burden of proof is on the person assailing its existence Does not Invalidate Contract per se Exceptions: • fraud • mistake • undue influence • cases specified by law - contracts entered when ward suffers lesion of more than 25% THINGS WHICH CANNOT BE THE OBJECT OF CONTRACT: 1. things which are outside the commerce of men 2. intransmissible rights 3. future inheritance, except in cases expressly authorized by law QuickTime™ and a 4. services which(Uncompressed) decompressor TIFF are contrary to law, morals, good are customs, public needed to see this picture. policy order or public 5. impossible things or services 6. objects which are not possible of determination as to their kind CAUSA CAUSA • • NOTE: Legality or illegality of cause affects the existence of validity of the contract; Legality or illegality of motive does not affect the existence or validity of contract CAUSA IN SOME CONTRACTS: 1. Onerous contracts – the prestation of promise of a thing or service by the other 2. Remuneratory contracts – the service or benefit remunerated 3. Pure Beneficence – mere liberality of the donor or benefactor 4. Accessory – identical with cause of principal contract, the loan which it derived its life and existence (ex: mortgage or pledge) CHAPTER 3. – FORM OF CONTRACTS See Arts. 1356 - 1358 FORM – in some kind of contracts only as contracts are generally consensual; form is a manner in which a contract is executed or manifested 1. Informal – may be entered into whatever f...
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