Article 1460. A thing is determinate when it is particularly designated or physically segregated from all others of the same class.
The requisites that a thing be determinate is satisfied if at the time the contract is entered into, the thing is capable of being made determinate without the necessity of a new or further agreement between the parties.
Determinate thing
A thing is determinate or specific when it is distinct from all others of the same class. A determinate thing is distinct because of its individuality. Examples of a determinate thing are: the laptop you are viewing this website on, your car (if you own only one), the lot on 443 Sto. Cristo, Guagua, Pampanga.
As noted on the preceding articles, it is not necessary that the thing is not determinate during the perfection of the contract, for as long as it is determinable or capable of being determinate during the delivery of the object, without the necessity of a new or further agreement from the parties. Also, it is not necessary that the object is seen during the formation of the contract.
Example:
Apollo obligates himself to sell all of the cattle in a particular farm to Artemis for a specific sum of money. If at the formation of the contract Apollo did not specify the farm, or if he owns several farms, then the object of the contract is not determinate. The contract therefore is null and void.
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ReplyDeleteThanks for sharing your knowledge about determinate objects! By the way, you can visit, ndvlaw.com for legal advices. You can visit them here.
ReplyDeleteHello po, ano po ang validity and effectivity sa emptio spei pag determinate thing?
ReplyDeleteNatangal na ang mga latin words pati natin sa board exam
DeleteI have a question sir, can i ask an exact and definite answer on this.
ReplyDeleteSir, if the thing is indeterminate, is there a contract of sale exist?
Thank you,
I'll try to answer hehe try lang.
ReplyDeleteYes it is valid if the thing is determinate but the risk of loss bears the seller because genus never perishes.
Someone correct me if I'm wrong. 😊
My law prof said that if the thing to be sold is indeterminate, the contract of sale will be void. It is clearly stated in Art 1458 and 1460 that the subject matter must be determinate or least capable of being made determinate.
Delete*indeterminate typo
ReplyDeletethankyou sir
ReplyDeleteHi good evening, may i ask po if determinate or indeterminate ba ito "a dell laptop"?
ReplyDeletethere's a lot of dell laptop. if you specifically stipulate the serial # of that laptop, it will then become determinate.
DeleteIf the thing is not in general description (like sobrang detailed talaiga) determinate yun. :D
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ReplyDeleteThank you sir
ReplyDeleteEvening, here I have a question po, Is money determinate or inditerminate thing?
ReplyDeleteI believe money is indeterminate but it is capable of being made determinate. For example, a 20 peso bill is an indeterminate thing but if we include its serial number (20 peso bill with serial number AB123456), it is now a determinate thing.
ReplyDeleteSomebody correct me if I'm wrong.