Object And Matter Of Contracts
LexInter | January 14, 2002 | 0 Comments

Object And Matter Of Contracts

Article 1126
Any contract has as its object something that a party undertakes to give, or that a party undertakes to do or not to do.
The thing can be a material thing, a bodily thing, but also an incorporeal thing and more generally a right.The obligation to give, which is that of transferring ownership, is fulfilled from the conclusion of the contract insofar as, under the terms of article 1138, ownership is effected by the sole exchange of consents, except when this transfer does not occur. ‘is not immediate because it is a matter of a kind or a future thing or because the parties have conventionally delayed it (retention of title clause).

The obligations to do are those where one of the parties has undertaken to perform a service. Restraining obligations are those where the debtor agrees to refrain from doing something, such as the non-compete covenant.

Article 1127
The simple use or the simple possession of a thing can be, like the thing itself, the object of the contract.
Article 1128
Only things which are in commerce can be the subject of agreements.
Article 1129
The obligation must have as its object something at least determined as to its kind.
The amount of the thing can be uncertain, provided it can be determined.
The promised service must be specified and must not require a new agreement by the parties. The indeterminacy of the object, like that of the price, has given rise to an abundance of jurisprudence. This, which has been particularly abundant in terms of distribution framework contracts, assistance and supply and supply contracts, was intended to protect the party which is dependent on the other. Since 1995 (Com. 21 Feb. 1995) the criterion seems to be that of the absence of abuse in the fixing of the price or of the object. The object can only be determinable if it results from objective elements not depending on the arbitrariness of one of the contracting parties.
Article 1130
Future things can be the object of an obligation.
However, one cannot renounce an unopened succession, nor make any stipulation on such a succession, even with the consent of the one of the succession in question.

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