Jessa B. Regalario Ms.

Tabernilla
V- BSA BA305

*DELIVERY
- the ownership of the thing sold shall be transferred to the vendee upon the actual or
constructive delivery thereof.
- See Arts. 1477, 1496, 1497
Art. 1477: The ownership of the thing sold shall be transferred to the vendee upon the
actual or constructive delivery thereof.
Art. 1496: The ownership of the thing sold is acquired by the vendee from the moment it
is delivered to him in any of the ways specified in Articles 1497 to 1501, or in any other
manner signifying an agreement that the possession is transferred from the vendor to
the vendee.
Art. 1497: The thing sold shall be understood as delivered, when it is placed in the
control and possession of the vendee.
- The vendor must have the right to transfer the ownership of the thing at the time it is
delivered (Art 1459)
* Legal Redemption

(a) barter,
(b) donation
(c) transmission of things by hereditary title,
(d) mortgage,
(e) lease
also applicable to legal redemption.
OBLIGATIONS OF A VENDOR [TDD-MTPAEN]
Transfer ownership (Arts. 1458 and 1495) - cannot be waived
Deliver the thing sold (Arts. 1458 and 1495) - cannot be waived

* 2 KINDS OF DELIVERY
1. ACTUAL when the thing sold is placed in the control and possession of the vendee
2. CONSTRUCTIVE
a. Execution of public instrument (Article 1498, par. 1)
Exceptions:
i. when there is stipulation to contrary, execution does not produce effect of delivery
ii. when at the time of execution of instrument, subject matter was not subject to control
of the seller.
ii.i subject matter should be within control of seller; he should have capacity to deliver at
the time of execution of public instrument when he wants to effect actual delivery
Traditio brevi manu opposite of constitutum possessorium; Before contract of sale, the
would-be buyer was already in possession of the would-be subject matter of sale (e.g.
as lessee), and pursuant to sale, he would now hold possession in the concept of an
owner. (Art. 1499)
Traditio longa manu Delivery of thing by mere agreement; when SELLER points to the
property without need of actually delivering (as when the thing sold cannot be
transferred to the possession of the vendee at the time of sale). (Art. 1499)
e. Symbolic delivery with regard to movable property, delivery may be effected by the
delivery of the keys of the place or depository where it is stored or kept. (Art. 1498)
Traditio constitutum possessorium at the time of perfection, the seller held possession
of the subject matter in the concept of owner, and pursuant to the contract, the seller
continues to hold physical possession thereof as lessee or other form of possession
other than the concept of owner. (Art. 1500)