Title VI. -
CHAPTER 1NATURE AND FORM OF THE CONTRACTcontract of sale one of the contracting parties obligates himself to transfer the ownership and to deliver a deterherefor a price certain in money or its equivalent.may be absolute or conditional. (1445a)ing must be licit and the vendor must have a right to transfer the ownership thereof at the time it is delivered. (nis determinate when it is particularly designated or physical segregated from all other of the same class.t a thing be determinate is satisfied if at the time the contract is entered into, the thing is capable of beingsity of a new or further agreement between the parties. (n)having a potential existence may be the object of the contract of sale.e sale of a mere hope or expectancy is deemed subject to the condition that the thing will come into existence.hope or expectancy is void. (n)ods which form the subject of a contract of sale may be either existing goods, owned or possessed by the selleised, or acquired by the seller after the perfection of the contract of sale, in this Title called "
."ontract of sale of goods, whose acquisition by the seller depends upon a contingency which may or may not haple owner of a thing may sell an undivided interest therein. (n)case of fungible goods, there may be a sale of an undivided share of a specific mass, though the seller purporfinite number, weight or measure of the goods in the mass, and though the number, weight or measure of the gBy such a sale the buyer becomes owner in common of such a share of the mass as the number, weight or measeight or measure of the mass. If the mass contains less than the number, weight or measure bought, the bule mass and the seller is bound to make good the deficiency from goods of the same kind and quality, unlesssubject to a resolutory condition may be the object of the contract of sale. (n)nstruing a contract containing provisions characteristic of both the contract of sale and of the contract of agof the whole instrument shall be considered. (n)tract for the delivery at a certain price of an article which the vendor in the ordinary course of his businessgeneral market, whether the same is on hand at the time or not, is a contract of sale, but if the goods are toustomer and upon his special order, and not for the general market, it is a contract for a piece of work. (n)consideration of the contract consists partly in money, and partly in another thing, the transaction shall be chaof the parties. If such intention does not clearly appear, it shall be considered a barter if the value of the thingexceeds the amount of the money or its equivalent; otherwise, it is a sale. (1446a)er that the price may be considered certain, it shall be sufficient that it be so with reference to another thing cereof be left to the udment of a secial erson or ersons.