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.

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