1.

The object of the contract (3rd validity condition)

Acc to art 1225 ph 1 of NCC, the object of the ctract consists of the juridical operations agreed by the parties, as it results from all rights and obligations assumed through that ctract. The juridical operation sale-purchase, rent, loan, deposit and so on. In addition acc to art 1226 ph 2 of the NCC, the object of the obligation consists of the action or inaction namely the debtor, the passive party, is obliged to perform. In other words the object of the contract is composed by the behavior of the parties established through that ctract, namely the actions or inactions that the active party, has the right to request and the passive party has the obligation to perform . The objective of a sale purchase ctract is the sale purchase operation, meaning the transfer of the ownership right of a specific good by one party in exchange for the payment of the price by the other party.(the juridical operation refers to the behavior of the parties consists what the parties have the right to perform or to receive according to the clauses of the ctract). Generally the behavior of the parties, meaning the actions or inactions is related to goods. Therefore the goods must be considered as the derived object of the ctract. In order to be valid, the object of the ctract must fulfill the following general conditions requested by the law:

It has to exist. The law considers the objective of the contract as existing even if

it does not exists, but it will exist in the near future. E.g. the sale of future harvest is a valid contracts. Therefore acc to art 1228 of the NCC, a future thing may be the object of the contract with only one exception, namely the future inheritance. The juridical acts having as objective the future inheritance are completely prohibited by the law because of the immoral consideration. This condition refers to the goods.

The objective has to be in civil circuit. Therefore the goods that are in public

property of the state or the administrative territorial units, as for e.g. the village, the town or the country, have not the object of contracts. In addition, there are several categories of goods which may be the obj of ctracts, but only under special conditions, e.g. firearms, drugs. The 2nd condition refers also to the goods.

The object of the ctract has to be identified or identifiable . Acc to art 1225 ph 2

of the NCC, a ctract must have as object an identified juridical operation under the sanction of absolute nullity. In addition, at the moment of concluding the ctract the behavior of the parties, namely the actions or inactions and the thing which is the derived object of the ctract must be identified or at least identifiable. Therefore if the obj of the ctract is an individually determined thing, this condition is fulfilled. identified thing, a thing which is identified by specific features. If the object of the ctract is composed by generally determined goods, this condition is fulfilled in the following ways:

o Mentioning in the ctract the exact quantity, number, quality or value of the
goods, in this case the obj is identified e.g. 10kg of apples

o Mentioning in the ctract several criteria for identifying the goods. This
criteria going to be used when the ctract is performed. In this case the object is identifiable. In addition it should be mentioned that the NCC contains expressed provisions for determining the object of the ctract, its quality, or other specific elem in relation to it. As far as the quality of the ctract is concerned, acc to art 1231 of the NCC, if it cannot be established by the ctract, the quality of the object of the promise must be reasonable or at least medium quality. In addition acc to art 1232 of the NCC, provides the possibility of establishing the object of the contract by a 3rd party. E.g. the price or any other element of the ctract may be determined by a 3dr party nominated by the contractual parties. If the 3 rd party is not able to establish the elem in question or its assessment is unreasonable, the price of the undetermined elem, will be established by the judge. it is identifiable In the relation btn professionals, acc to art 1233 of the NCC, if the ctract does not provide the price or the method to determine the price, the law considers that the parties took into account the price usually charged in that field of business for the same promises under similar conditions or if there is no such price a reasonable price.

If acc to the ctract must be determined in relation to a reference factor and this reference factor does not exist or is no longer used, it must be replaced by the closest reference factor, acc to the art 1234 of the NCC.

The object of the ctract must be possible. This condition is imposed by the principle of
law acc to which nobody can be obliged to do smth impossible. This condition is not fulfilled only if there is an absolute impossibility to perform the object of the ctract, meaning the object of the ctract is impossible for anybody e.g. travelling to the moon. However this condition is fulfilled if the impossibility is relative, meaning the performance of the ctract is generally possible, being impossible for particular persons. E.g. the obligation to pay a sum of money is always possible even if the debtor has no money to pay this debt. In addition acc to art 1227 of the NCC, the initial impossibility of the object of the obligation may be admitted. Therefore the object is valid even though at the moment of concluding it, there was an impossibility for one of the parties to perform his obligations unless the law provides otherwise.

The object of the ctract must be lawful and moral. Therefore a ctract by which the
parties promises to do smth illegal or against public morals is not valid. E.g. paying to kill smbdy These are the general conditions. In addition sometimes the object of the ctract must fulfill several special conditions in accordance with the type of agreement involved. E.g. the law requests a special authorization for concluding a special category of contracts e.g. the salepurchase of firearms is permitted only with a special document. The nonobservance of the validity conditions requested by the law for the validity of the ctract leads to absolute nullity of the ctract.