valid comes to existence

sale of future thing Emptio Rei Speratae

void does/ will not exist
Possible (Existing/ Future/
Contingent) Consent
valid sale of hope
Emptio Spei Essential requisites Subject matter
void *if sale of vain hope
Price
Contrary to law Nominate
Simulated/fictitious Principal
Did not exist at a Bilateral
time of transaction
*void subject matter Licit Subject Matter Characteristics Onerous
Outside commerce of men
Commutative
Impossible service
Consensual
Intention can not be ascertained
Title & not a mode
By provision of law
GR: all parties with capacity can enter a contract of sale
thing is capable of being made determinate without Determinate/ (Natural & Judicial)
the necessity of a new contract Determinable

*Seller need not be the owner of Void

the subject matter at the time of Common Law
Foreclosure sale Exception perfection: sufficient that he is the Spouses (Paramours) Rationale: evil sought to be
owner at the time of delivery avoided is present

Status of contract: voidable

Real Therefore, ratifiable
Minors
in money or its equivalent Remedy: Annulment
(with partial restitution in so far as the minor is benefited)
(c) in terms of specific pesos&/or centavos
(a) by third persons With 3rd parties Valid

by the courts (in cases where the third person Void

fixes the price in bad faith or by mistake)

reference to a definite day, certain or ascertainable Requisites SALES Prevent defraudation of creditors
particular exchange or market avoid situation where dominant spouse
Reason take advantage of others
by reference to Sales by &
another thing certain between spouses avoid circumvention on prohibition of
Price Between spouses
donation between spouses
never by one party to the contract
separation of property agreed
manner of payment (marriage settlement)
No contract If absent must be agreed upon Parties
Exceptions
judicial separation
fraud, mistake, or undue influence indicative of a of property
defect in consent is present Gross Incapacitated
does not affect inadequacy of
except validity of sale
when the parties really intended a donation price a) Guardian with regards to property of
ward during period of guardianship Voidable
or some other act or contract

b) Agent with regards to property of principal Voidable

valid, but subject to reformation relative simulation
Price is simulated c) Executor/administrator with regards
void absolute simulation to the estate of the deceased Voidable

prior to acceptance, may be withdrawn at will by offeror Void

offer is floated d) Officer of court & employee –
no authority of offeror to modify offer with regards to property in litigation Public wrong is
Other per specific concerned
extinguished when period has provision of law
ended & maybe withdrawn at will by offeror; Void
right to withdrawn must not be arbitrary offer floated with a period – without acceptance
e) Public officers with regards to the
otherwise, liable to damage property of the estate Public wrong is
Negotiation/ concerned
extinguished by happening/non-happening of Policitaion
condition offer floated with a condition
(Life) existence of attorney client relationship
continues to be valid depending upon *Requisites for the prohibition (d&e)
offer floated without period/without condition to apply to attorneys: property is the subject matter in litigation
circumstances of time, place & person
while in litigation (from filing of complaint to final judgment)
original offer is destroyed, there is a new
offer; can not go back to original offer offer is floated & there is counter-offer

proceed to perfected stage offer accepted absolutely