Is it possible for a contract to affect the rights of others who are not parties to it?
Article 1311: "Contracts take effect only between the parties”
A contract has the force of law between the parties. (Art. 1159, Civil Code)
Article 1311: "Contracts take effect only between the parties, their assigns and heirs, except in case where the rights and obligations arising from the contract are nottransmissible..."
A creditor may collect the loan against the estate (inheritance / property) of a deaddebitor.
A son cannot inherit the employment of his dead father
t’s object must be a service NOT contrary to law, morals, goodcustoms, public order or public policy
Parties (Obligor & Obligee)
LEGAL CAPACITY
Example of Contracts where a party has no legal capacity
Marriage where one of the parties is below18yearsold
Contract of sale of cigarettes to a 15yearoldsmoker
Contractofdonation of real estate to a foreigner
If a party in a contract has no legal capacity, the contract is void.
conditional - depends on an event, future or uncertain event