Emptio Spei It is the sale of mere hope or expectancy, the thing will come to existence, sale of the hope itself. Sale is effective even if the thing does not come into existence unless vain hope; Object is a present thing which is the hope or expectancy. Emptio Rei Speratae Sale of a thing with potential existence; where sale is subjected to a condition that the thing will exist, if it does not, then there is no contract; Object is a future thing. Exceptions: 1, Sale of a thing have potential existence; 2. Sale of future goods; and 3. Object must be determinate and not of common thing. Object is lost before perfection The seller bears the loss Object is lost after the delivery to the buyer The buyer bears the loss. Object is lost after perfection but before the delivery. It is the buyer that bears the loss unless res perit domino (property lost to the owner). Kinds of Delivery © Real or Actual - Itis in the control possession of the vendee © Legal or Constructive = _Itis by operation of law. © Quasi-Tradition - Delivery of rights, credits, or incorporeal property by: public instrument; placing titles of owner ship to the buyer; and allowing buyer to make use of rights. Kinds of Legal or Constructuve Delivery a. Legal Formalities = Itis by public instrument, b. Traditio simbolica - Uses a symbol to represent the thing delivered ©. Traditio Longa Manu - The delivery is by mere consent or agreement by the parties, seller points out to the buyer without a need for actual delivery. d. Traditio Brevi Manu - The lessee has now become a house owner where he was a former lessee of the house. e, Traditio Constitutum Possessorium - The owner had sold his house, but is in the capacity of a lessee. Express Warranty It is a warranty operative from the moment of sale Implied Warranty ‘A warranty that arises bt operation of law because of the circumstances of sale, rather than by the seller's express promise. Kinds of Waiver 1. Waiver Consciente - It is the waiver made by the vendee without the knowledge of the risk of eviction. Vendor shall only pay the value upon the time of eviction. 2, Waiver Intencionada = Itis the waiver made by the vendee with the knowledge of the risk of eviction and assumed its consequences. The vendor shall not be liable. Note: In both consciente and intencionada, vendor mustn't have acted in bad fatih. Presumption in consciente is that both parties are in good faith. RESCISSION is not a Remedy for a eviction. Rescission is not a remedy, when you rescind in a contract of sale both parties must give back what the other has. In total eviction, the vende cannot return the object of contract of sale. Vendee can still rescind in partial eviction