Text of the provision

Art. 1642. The contract of lease may be of things, or of work and service.

(1542)

Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles renderings and the Official Gazette, all three of which agree word for word.

What this article means

One sentence that organises the whole Title: a contract of lease may be of things, or of work and service. Leasing a house and hiring someone to build one are, in the Civil Code's scheme, branches of the same contract.

The Code's use of a single word — lease — for two very different arrangements can be confusing to a modern reader used to treating renting an apartment and hiring a contractor as unrelated transactions. Historically, both share the same underlying structure: one party grants the temporary use of something, whether a thing, one's own labor, or a defined service, in exchange for compensation, without transferring ownership. Later articles in this Title branch off from this single provision to set separate rules for each kind, but the shared starting point explains why concepts like term limits and rescission rules echo across both.

Questions about this provision

Related provisions

Cases interpreting this article

Note. The text of the provision above is reproduced in full from the official enactment (Republic Act No. 386), verified against the LawPhil and ChanRobles renderings. The annotation and commentary around it are the work of Vivas & Nobles Law Office and are general legal information, not legal advice. How a provision applies to a particular situation depends on facts that only a lawyer reviewing your case can assess.