Article 1460: Definition of a Determinate thing

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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