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Civil Code

Art. 1459. The thing must be licit and the vendor must have a right to transfer Art. 1323. An offer becomes ineffective upon the death, civil interdiction,
the ownership thereof at the time it is delivered. (n) insanity, or insolvency of either party before acceptance is conveyed. (n)
Art. 1460. A thing is determinate when it is particularly designated or physical
segregated from all other of the same class. Art. 1324. When the offerer has allowed the offeree a certain period to accept,
Art. 414. All things which are or may be the object of appropriation are the offer may be withdrawn at any time before acceptance by communicating
considered either: such withdrawal, except when the option is founded upon a consideration, as
(1) Immovable or real property; or something paid or promised. (n)
(2) Movable or personal property. (333)
Art. 1325. Unless it appears otherwise, business advertisements of things for
Art. 415. The following are immovable property: sale are not definite offers, but mere invitations to make an offer. (n)
(1) Land, buildings, roads and constructions of all kinds adhered to the soil;
(2) Trees, plants, and growing fruits, while they are attached to the land or form Art. 1326. Advertisements for bidders are simply invitations to make proposals,
an integral part of an immovable; and the advertiser is not bound to accept the highest or lowest bidder, unless the
(3) Everything attached to an immovable in a fixed manner, in such a way that contrary appears. (n)
it cannot be separated therefrom without breaking the material or deterioration
of the object; Art. 1347. All things which are not outside the commerce of men, including
(4) Statues, reliefs, paintings or other objects for use or ornamentation, placed future things, may be the object of a contract. All rights which are not
in buildings or on lands by the owner of the immovable in such a manner that intransmissible may also be the object of contracts.
it reveals the intention to attach them permanently to the tenements; No contract may be entered into upon future inheritance except in cases
(5) Machinery, receptacles, instruments or implements intended by the owner expressly authorized by law.
of the tenement for an industry or works which may be carried on in a building
or on a piece of land, and which tend directly to meet the needs of the said All services which are not contrary to law, morals, good customs, public order
industry or works; or public policy may likewise be the object of a contract. (1271a)
(6) Animal houses, pigeon-houses, beehives, fish ponds or breeding places of
similar nature, in case their owner has placed them or preserves them with the Art. 1348. Impossible things or services cannot be the object of contracts.
intention to have them permanently attached to the land, and forming a (1272)
permanent part of it; the animals in these places are included;
(7) Fertilizer actually used on a piece of land; Art. 1349. The object of every contract must be determinate as to its kind. The
(8) Mines, quarries, and slag dumps, while the matter thereof forms part of the fact that the quantity is not determinate shall not be an obstacle to the existence
bed, and waters either running or stagnant; of the contract, provided it is possible to determine the same, without the need
(9) Docks and structures which, though floating, are intended by their nature of a new contract between the parties. (1273)
and object to remain at a fixed place on a river, lake, or coast; Art. 1409. The following contracts are inexistent and void from the beginning:
(10) Contracts for public works, and servitudes and other real rights over (1) Those whose cause, object or purpose is contrary to law, morals, good
immovable property. (334a) customs, public order or public policy;
(2) Those which are absolutely simulated or fictitious;
Art. 416. The following things are deemed to be personal property:
(1) Those movables susceptible of appropriation which are not included in the (3) Those whose cause or object did not exist at the time of the transaction;
preceding article;
(2) Real property which by any special provision of law is considered as (4) Those whose object is outside the commerce of men;
personal property;
(3) Forces of nature which are brought under control by science; and (5) Those which contemplate an impossible service;
(4) In general, all things which can be transported from place to place without
impairment of the real property to which they are fixed. (335a) (6) Those where the intention of the parties relative to the principal object of
the contract cannot be ascertained;
Art. 417. The following are also considered as personal property:
(1) Obligations and actions which have for their object movables or demandable (7) Those expressly prohibited or declared void by law.
sums; and
(2) Shares of stock of agricultural, commercial and industrial entities, although
they may have real estate. (336a)

Art. 1318. There is no contract unless the following requisites concur:


(1) Consent of the contracting parties;
(2) Object certain which is the subject matter of the contract;
(3) Cause of the obligation which is established. (1261)

Art. 1319. Consent is manifested by the meeting of the offer and the acceptance
upon the thing and the cause which are to constitute the contract. The offer must
be certain and the acceptance absolute. A qualified acceptance constitutes a
counter-offer.
Acceptance made by letter or telegram does not bind the offerer except from
the time it came to his knowledge. The contract, in such a case, is presumed to
have been entered into in the place where the offer was made. (1262a)

Art. 1320. An acceptance may be express or implied. (n)

Art. 1321. The person making the offer may fix the time, place, and manner of
acceptance, all of which must be complied with. (n)

Art. 1322. An offer made through an agent is accepted from the time acceptance
is communicated to him. (n)

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