Objective Condition (Null and Void)

The conditions in points 3 (Clear Object) and 4 (Lawful Cause) areobjective conditions, because they relate to the object or content of the agreement itself.
  • Legal Consequences: If the objective conditions are not met (for example, the object is in dispute or the contract is to commit a crime), then the agreement is null and void (null and void). The contract is considered to have never existed from the beginning.

Focus: 'Offer' and 'Acceptance' in the Formation of an Agreement

The first valid condition of an agreement is "Agreement". In Article 1320 of the Civil Code, an agreement is the moment of meeting between an offer (offer) from one party (offeror) and acceptance (acceptance) from the other party (offeree). This moment is the basis for the emergence of rights and obligations for the parties.
  • Offer (Offer): This is a desire submitted by offeror to offeree for a specific offer. The offeror must have the desire and readiness to be legally bound if the offer is accepted.
  • Acceptance (Acceptance): This is the response or statement of agreement from offeree to offer that was submitted. If offeree agree (accept unconditionally), then an agreement is reached (agreement) and a contract is formed.