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Philippine Law on
Sales Review
Notes on Philippine Law on Sales from the Civil
Code for students and law enthusiasts.

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Saturday, November 24, 2012

Article 1458: Definition of a


Contract of Sale
Article 1458. By the contract of sale one of
the contracting parties obligates himself to
transfer the ownership and to deliver a
determinate thing, and the other to pay
therefor a price certain in money or its
equivalent.

A contract of sale may be absolute or


conditional.

Definition

A contract of sale is a contract where one party


obligates himself to deliver a determinate thing to
another part, who in turn, obligates himself to the
other to pay a sum of money or its equivalent.

Essential Requisites

The contract of sale, being a contract, has the


same requisites, namely, consent, object, and
cause.

1. Consent - Also called meeting of the minds.


mutual agreement, or consensus ad idem. It
essentially refers to a situation where the two
parties of the contract has a mutual
understanding in the formation of the contract of
sale. This essentially means that there is consent
in the part of the seller to transfer ownership of
the determinate thing and in the part of the buyer
to pay the equivalent price.

Note that both of the parties must have the legal


capacity to give their consent.

2. Object - This is the subject matter of the


contract. It must be determinate or capable of
being determinate.

3. Cause - This refers the the price, in terms of


money or its equivalent.

Kinds of Contract of Sale

1. Absolute - This refers to a contract of sale that


is not subject to any condition or does not require
any condition for the transfer of ownership.

2. Conditional - This refers to a contract of sale


that contemplates contingency, or is subject to a
condition. It follows then that the delivery of the
determinate thing does not necessarily transfer
ownership, unless the contingency or condition is
fulfilled.

at Saturday, November 24, 2012

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