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Essential Requisites of A Contract of Sale
Essential Requisites of A Contract of Sale
The sale of conjugal property requires the consent of both thehusband and
the wife. The absence of the consent of one rendersthe sale null and void
(see Art. 124, Family Code.) while the vitia-tion thereof (see Art. 1390.)
makes it merely voidable.
A buyer can only claim right of ownership over the object of the deed of
sale and nothing else. Where the parcel of land described in the transfer
certificate of title is not in its entirety the parcel sold, the court may decree
that the certificate of title be cancelled and a correct one be issued in favor
of the buyer, without having to require the seller to execute in favor of the
buyer an instrument to effect the sale and transfer of the property to the
true owner. The sale of credits and other incorporeal rights is covered
byArticles 1624 to 1635; and
The price must be real, not fictitious; otherwise, the sale is void although
the transaction may be shown to have been in reality a donation or
some other contract. (Art. 1471.) A seller cannot render invalid a perfected
contract of sale by merely contradicting the buyer’s allegation regarding the
price and subsequently raisingthe lack of agreement as to the price.
1) Natural elements
or those which are deemed to exist in cer-tain contracts, in the absence of
any contrary stipulations, likewarranty against eviction (Art. 1548.) or
hidden defects (Art.1561.); and
2) Accidental elements
or those which may be present or ab-sent depending on the stipulations of
the parties, like conditions,interest, penalty, time or place of payment, etc.
Condition is a future and unceratin event, upon the happening of which, the
effectivity or extinguishment of an obligation (or right) subject to it depends