Prof. Sophia B.

Hilot
Article 1458.
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.
Article 1459.
Requisites for the object of the Contract of Sale

The thing or the object of the contract of sale must be determinate or

capable of being determinate. It also needs to be licit or lawful, that is, it
should not be contrary to law, morals, good customs, public order, and
public policy. Third, it should not be impossible. The object of the contract
must be within the commerce of men, which means that it is legal and its
ownership is transferable.

Rights that are transmissible or personal may also be the object of the
contract of sale. Examples of this is the right of usufruct.

It should be noted that services (or obligations to do) cannot be the object
of a contract of sale, even if they can be the object of a contract. (Contract
for a piece of work)
Licit vs. Illicit things

Article 1459 of the Philippine Civil Code requires that the object of the
contract of sale must be licit or lawful. Illicit things are therefore things
that are unlawful or illegal. Things can be illicit per se or per accidens.

Per se is a Latin phrase which means "in itself". Things that are illicit or
illegal per se are things that are inherently unlawful. An example of this is
the selling of rotten food for consumption, since it may be the cause of
food poisoning.

Per accidens is a Latin phrase which means "by chance". Things that are
illicit per accidens then are things that are illegal because of a provision
that declares it unlawful. An example of this would be the selling of jueteng
tickets.
Right to transfer ownership

One can only sell what he owns. In order for the sale to be valid, the
vendor must be the owner of the object of the contract of sale (or
authorized by the owner to sell the object) in order to transfer the
ownership of the thing being sold.

It should be noted however that if at the time of delivery the right to

transfer the ownership exists, then the contract is valid. This means that it
is not necessary that the seller has the ownership of the object of the
contract of sale during the formation or perfection of the contract for as
long as the ownership exists during the time of delivery.

This is of course to give way for future goods or goods that depend on
contingency to be the object of the contract of sale.
Article 1460.
The requisites that a thing be determinate is
, the thing is capable of being made determinate
without the necessity of a new or further agreement between the parties.

Determinate thing
A thing is determinate or specific when it is distinct from all others of the same
class. A determinate thing is distinct because of its individuality. Examples of a
determinate thing are: the laptop you are viewing this website on, your car (if you
own only one), the lot on 443 Sto. Cristo, Guagua, Pampanga.

As noted on the preceding articles, it is not necessary that the thing is not
determinate during the perfection of the contract, for as long as it is determinable
or capable of being determinate during the delivery of the object, without the
necessity of a new or further agreement from the parties. Also, it is not
necessary that the object is seen during the formation of the contract.
Art. 1462.
Art. 1463.
Art. 1467.
Art. 1468.
Art. 1469.
Art. 1470.
Art. 1471.
Art. 1472.
Art. 1473.
Art. 1474.
Art. 1475.
Art. 1476.
Art. 1477.
Art. 1478.
Art. 1479.
Art. 1480.
Art. 1481.
Art. 1482.
Art. 1483.
Art. 1484.
Art. 1485.
Art. 1486.
Art. 1487.
Art. 1488