Final answer:
The creation of a contract does not require the ability to use property rights to enter into contracts as an essential element; this relates more to the capacity to contract.
Step-by-step explanation:
The creation of a contract involves certain key elements, which include an offer, acceptance, consideration, mutual assent, and legality. However, there are criteria that are not regarded as essential for a contract to be valid.
The inclusion of an element such as the ability to exercise one's property rights by entering into contracts is not, in itself, a required element for the formation of a contract.
Contracts can be about various activities, such as business agreements or the metaphorical social contract described by Hobbes, where individuals agree on collective norms for the greater good.
The core essence of a contract is the agreement and obligations it establishes between parties. Ownership of property thus relates more to capacity or the ability to enter into a contract rather than being an essential element of the contract formation itself.