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Civil Law Summer Reviewer
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3. while in litigation (from filingof complaint to final judgment)
Exception to the prohibition against attorneys:contingent fee arrangement where the amount of legal fees is based on a value of property involved inlitigation
The prohibitions in the two preceding articles are applicable to sales in legal redemption, compromises and renunciations.
III. Legal Status of Contract
Void (case law) – guardian/executor/public officers / officers of thecourt
Voidable (civil code) – agent; VALID if with consent
CH. 3 - SUBJECT MATTER OF SALE1. REQUISITES:1. Things
- existing, future, andcontingenti. whether the subject matter isof a type and nature thatexists or could be made toexist to allow the seller reasonable certainty of beingable to comply with hisobligations
not outside the commerce of man
if illicit, contract is void
c. Determinate or determinablei.
determinate: particularlydesignated or physicallysegregated from all others of the same class
1. thing is capable of being madedeterminate2. without the necessityof a new further contract
– must be transmissible, except:a. future inheritanceb. service
Emptio rei speratae Emptio spei
Sale of an expected thing Sale of a mere hope or expectancy that the thingwill come to existence;sale of the hope itself Sale is subject to thecondition; that the thingwill exist; if it does not,there is no contractSale is effective even if the thing does not comeinto existence, unless it isa vain hopeUncertainty is with regardto the quantity andquality of the thing andnot the existence of thethingThe uncertainty is withregard to the existence of the thingObject is a future thing Object is a present thingwhich is the hope or expectancy
Quantity of subject matter is not essential for perfection; must determine nature and quality of subject matter
Seller need not be the owner of the subjectmatter at the time of perfection: sufficient that he isthe owner at the time of delivery. exception:foreclosure sale
CH. 4 - PRICEI. REQUISITES:1. Reala.
when at the perfection of the contractof sale, there is every intention onthe buyer to pay the price, and everyexpectation on the part of the seller to receive such price as the value of the subject matter he obligateshimself to deliver
2. In money or its equivalenta.
consideration for a valid contract of sale can be the price and other valuable consideration; at the veryleast, a true contract of sale musthave price as part of itsconsideration
3. Certain or ascertainablea.
certain: expressed and agreed interms of specific pesos and/or centavos
by third persons
by the courts – in caseswhere the third person fixesthe price in bad faith or bymistake
by reference to a definiteday, particular exchange or market
by reference to another thingcertain