Classification of contract
A contract is a meeting of minds between two
persons whereby one binds himself, with respect to the other,
to give something or to render some service.[1]The following are the classifications of a contract:
As to subject matter.
a. Things; or
b. Services.
As to formation.
a. Real - delivery, actual or constructive,
is required in addition to consent;
b. Consensual - consent is sufficient to enter into a contract; or
c. Formal - there are special formalities required to enter into a contract, e.g. marriage.
As to relation to other contracts.
a. Principal - can exist alone;
b. Accessory - depends on other contract for existence; or
c. Preparatory - preliminary step
towards the celebration of a
subsequent contract.
As to form.
a. Formal - there are special formalities required to enter into a contract, e.g. marriage; or
b. Informal - may be
entered into in whatever form as long
as there is consent, object and cause.
As to cause.
a. Onerous - there is an exchange of
correlative values;
b. Remuneratory - the
outstanding prestation is premised
upon services or benefits already
received; or
c. Gratuitous - no correlative
prestation is received by one party, e.g.
donation, commodatum.
As to time of fulfillment.
a. Executed - where the obligations are
fulfilled at the time the contract is
entered into; or
b. Executory - where fulfillment of
obligations does not take place at the
time the contract is made.
As to purpose.
a. Rendition of service;
b. Transfer of ownership; or
c. Conveyance of use.
As to name.
a. Nominate - where the law gives the
contract a special designation or
particular name; e.g. deposit; or
b. Innominate - where the contract has
no special name. It can be: Do ut des (I give so that you
may give); Do ut facias (I give so that you
may do); Facio ut facias (I do so that you
may do); or Facio ut des (I do so that you
may give).
[1] Article 1305, Civil Code.