SALES

Concept

 Definition – 1458
 Characteristics
 Elements (essential, accidental, natural)

Object of a Sale

 Requisites – 1459/1460
 Emptio rei speratae vs Emptio spei
 Sale of existing goods – 1462
 Sale of future goods
 Sale of undivided interest in a thing – 1463
 Sale of undivided share of specific mass – 1464
 Sale of a thing subject to a resolutory condition – 1465

Price

 When price certain - 1469

 When fixed by third person
 When not fixed by designated third person
 Lesion – 1355/1470
 When price simulated – 1471
 Price on a given market day – 1472
 Fixing of price by one party - 1473
 When price cannot be determined – 1474

Contract of Sale vs other contracts

 Contract of an agency to sell - 1466

 Contract for a piece of work – 1467
 Barter – 1468

Perfection of a contract of sale

 When perfected – 1475

 Effect of failure to pay agreed price

Promise to buy and to sell

 Kinds of promise – 1479

 Option contract
 Earnest money vs Option moner – 1324/1482

Risk of loss or deterioration

 Rules – 1480,1493,1494

Sale by description and sample – 1481

Forms of a contract of sale

 1356/1403/1483

Recto Law

 1484
Lease of personal property with option to buy

 1485
 When installment payments/rent shall not be returned – 1486

Maceda Law

Expenses of a contract of sale

 1487

Capacity to buy and sell

 Sale by minors – 1489

 Sale between spouses
 Incapacity be reason of relation to property – 1491

Effect of loss of thing

 At the time of the sale - 1493

 Before delivery – 1189/1538
 Of specific goods

Obligations of the vendor

 1495
 Transfer of ownership – 1459
 Delivery – 1498 to 1501
 Place, time, and manner of delivery - 1521

Sale or Return vs Sale on Trial

 1502

Res Perit Domino

 1504
Sale of goods by

 Non-owner – 1505
 One with voidable title – 1506

Negotiable Document of Title

 Definition – 1507

Place and time of delivery – 1521

CIF, FOB, COD

 1523

Unpaid Seller

 Definition - 1525
 Rights – 1526 to 1534

Accessions and Accessories in a sale – 1537

Sale of real estate

 1539 - 1543
Double sales

 1544

Warranty

 Express warranty – 1546

 Implied warranty -1547
 Warranty in case of eviction – 1548
 Warranty against hidden defects – 1561
 Caveat venditor vs Caveat emptor – 1566

Obligations of the vendee

 1582
 Ways of accepting goods

Extinguishment of sale

 1231

Redemption

 Conventional – 1601
 Legal – 1619

Assignment of Credits – 1624, 1625,1630