SALES WEEK 6

Art. 1406. When a contract is enforceable under the Statute of Frauds, and a
Art. 1483. Subject to the provisions of the Statute of Frauds and of any other
applicable statute, a contract of sale may be made in writing, or by word of
mouth, or partly in writing and partly by word of mouth, or may be inferred
from the conduct of the parties.
Art. 1487. The expenses for the execution and registration of the sale shall be
borne by the vendor, unless there is a stipulation to the contrary.
Art. 1495. The vendor is bound to transfer the ownership of and deliver, as well
as warrant the thing which is the object of the sale.
Art. 1459. The thing must be licit and the vendor must have a right to transfer
the ownership thereof at the time it is delivered.
Art. 1477. The ownership of the thing sold shall be transferred to the vendee
upon the actual or constructive delivery thereof. (n)
Art. 1478. The parties may stipulate that ownership in the thing shall not pass
to the purchaser until he has fully paid the price.
public document is necessary for its registration in the Registry of Deeds, the
parties may avail themselves of the right under Article 1357.
Art. 1874. When a sale of a piece of land or any interest therein is through an
agent, the authority of the latter shall be in writing; otherwise, the sale shall be
void.
Art. 1358. The following must appear in a public document:
(1) Acts and contracts which have for their object the creation, transmission,
modification or extinguishment of real rights over immovable property; sales
of real property or of an interest therein a governed by Articles 1403, No. 2, and
1405;
(2) The cession, repudiation or renunciation of hereditary rights or of those of
the conjugal partnership of gains;
(3) The power to administer property, or any other power which has for its
object an act appearing or which should appear in a public document, or should
prejudice a third person;
(4) The cession of actions or rights proceeding from an act appearing in a public
document.

Art. 1496. The ownership of the thing sold is acquired by the vendee from the All other contracts where the amount involved exceeds five hundred pesos must
moment it is delivered to him in any of the ways specified in Articles 1497 to appear in writing, even a private one. But sales of goods, chattels or things in
1501, or in any other manner signifying an agreement that the possession is action are governed by Articles, 1403, No. 2 and 1405.
transferred from the vendor to the vendee.
Art. 1163. Every person obliged to give something is also obliged to take care
Art. 1537. The vendor is bound to deliver the thing sold and its accessions and of it with the proper diligence of a good father of a family, unless the law or the
accessories in the condition in which they were upon the perfection of the stipulation of the parties requires another standard of care.
contract.
Art. 1164. The creditor has a right to the fruits of the thing from the time the
Review obligation to deliver it arises. However, he shall acquire no real right over it
Art. 1356. Contracts shall be obligatory, in whatever form they may have been until the same has been delivered to him.
entered into, provided all the essential requisites for their validity are present.
However, when the law requires that a contract be in some form in order that it
may be valid or enforceable, or that a contract be proved in a certain way, that
requirement is absolute and indispensable. In such cases, the right of the parties
stated in the following article cannot be exercised.

Art. 1403. The following contracts are unenforceable, unless they are ratified:
(1) Those entered into in the name of another person by one who has been given
no authority or legal representation, or who has acted beyond his powers;

(2) Those that do not comply with the Statute of Frauds as set forth in this
number. In the following cases an agreement hereafter made shall be
unenforceable by action, unless the same, or some note or memorandum,
thereof, be in writing, and subscribed by the party charged, or by his agent;
evidence, therefore, of the agreement cannot be received without the writing, or
a secondary evidence of its contents:

(a) An agreement that by its terms is not to be performed within a year from the
making thereof;
(b) A special promise to answer for the debt, default, or miscarriage of another;
(c) An agreement made in consideration of marriage, other than a mutual
promise to marry;
(d) An agreement for the sale of goods, chattels or things in action, at a price
not less than five hundred pesos, unless the buyer accept and receive part of
such goods and chattels, or the evidences, or some of them, of such things in
action or pay at the time some part of the purchase money; but when a sale is
made by auction and entry is made by the auctioneer in his sales book, at the
time of the sale, of the amount and kind of property sold, terms of sale, price,
names of the purchasers and person on whose account the sale is made, it is a
sufficient memorandum;
(e) An agreement of the leasing for a longer period than one year, or for the sale
of real property or of an interest therein;
(f) A representation as to the credit of a third person.

(3) Those where both parties are incapable of giving consent to a contract.

Art. 1405. Contracts infringing the Statute of Frauds, referred to in No. 2 of

Article 1403, are ratified by the failure to object to the presentation of oral
evidence to prove the same, or by the acceptance of benefit under them.