OBLIGATIONS OF THE
VENDOR:
Article 1495. The vendor is bound to
transfer the ownership of and deliver,
as well as warrant the thing which is
the object of the sale. (1461a)
Principal obligations of the vendor.
The principal obligations of a vendor
are:
(1) to transfer the ownership of the
determinate thing sold.
- The vendor doesn’t need to be the owner;
it is sufficient that he has “a right to transfer
the ownership thereof at the time it is
delivered”
-The transfer of ownership and the delivery
of the thing sold are not essential to the
perfection of the contract.
-No obligation to make delivery during
period of redemption
-Right of vendee to transfer of certificate of
title.
-Right of buyer to recover the price paid
(2) to deliver the thing, with its
accessions and accessories, if any, in
the condition in which they were upon
the perfection of the contract (Art.
1537.);
(3) to warrant against eviction and
against hidden defects (Arts. 1495,
1547.);
(4) to take care of the thing, pending
delivery, with proper diligence (see
Art. 1163.); and
(5) to pay for the expenses of the deed
of sale, unless there is a stipulation to
the contrary. (Art. 1487.)
Article 1496. The ownership of the
thing sold is acquired by the vendee
from the moment it is delivered to
him in any of the ways specified in
articles 1497 to 1501, or in any other
manner signifying an agreement that
the possession is transferred from the
vendor to the vendee. (n)
The ownership of the thing sold shall
be transferred to the vendee upon the
delivery thereof (see Art. 1477.)
which may be affected in any of the
following ways or modes:
(1) by actual or real delivery (Art.
1497.);
(2) by constructive or legal delivery
(Arts. 1498-1501.); or
(3) by delivery in any other manner
signifying an agreement that the
possession is transferred to the
vendee. (Arts. 1496-1499.)
*the critical factor which gives legal effect
to the act is the actual intention of the
vendor to deliver, and its acceptance by the
vendee. The act, without the intention, is
insufficient. There is no tradition.
The delivery must be made to the vendee or
his authorized representative. Where the
vendee did not name any person to whom
the delivery shall be made in his behalf, the
vendor is bound to deliver exclusively to
him.
Article 1497. The thing sold shall be
understood as delivered when it is
placed in the control and possession
of the vendee. (1462a)
Concept of tradition or delivery.
Tradition is a derivative mode of acquiring
ownership by virtue of which one who has
the right and intention to alienate a corporeal
thing, transmits it by virtue of a just title to
one who accepts the same. (10 Manresa
122.)
Article 1498. When the sale is made
through a public instrument, the
execution thereof shall be equivalent
to the delivery of the thing which is
the object of the contract, if from the
deed the contrary does not appear or
cannot clearly be inferred.
With regard to movable property, its
delivery may also be made by the
delivery of the keys of the place or
depository where it is stored or kept.
(1463a)
Execution of a public instrument or
document.
(1) Possession transferred to buyer by
notarized deed of conveyance
(2) Delivery presumptive only
(3) Sale of thing not subject to control of vendor
(4) Sale of registered land
(5) Possession of a part as constructive
possession of whole
Article 1499. The delivery of
movable property may likewise be
made by the mere consent or
agreement of the contracting parties,
if the thing sold cannot be transferred
to the possession of the vendee at the
time of the sale, or if the latter already
had it in his possession for any other
reason.(1463a)
Article 1500. There may also be
tradition constitutum possessorium.
(n)
Article 1501. With respect to
incorporeal property, the provisions of
the first paragraph of article 1498
shall govern. In any other case
wherein said provisions are not
applicable, the placing of the titles of
ownership in the possession of the
vendee or the use by the vendee of his
rights, with the vendor’s consent,
shall be understood as a delivery.
(1464)