sale is not a mode, but only a title.

a mode is legal mean that creates

ownership, but tittle is only the legal
basis that affects the ownership.

contracts only create a rights to transfer

the ownership, while delivery is the
responsibility to accomplish it.

sale does not transfer or affect

ownership, it creates the obligation
to transfer the ownership.
ART. 1468

ex: s and b agreed that s will deliver only his parcel of land
to b and the car value is 500k and 500k cash to s.

assuming there is no manifest intention between

s and b, and the car value is 600,000. it is a barter coz
its more valuable than money.

assuming there is no manifest intention between s and b,

it is a sale because the car value and the cash is equal.

ART. 1467
ART. 1466

if there is no condition
attached on the contract

if there are certain

condition attached on the
contract
 LAWFUL

ART. 1462
 ex: lotto ticket,
a chance to win

it is only a mere hope

ex: still ungrown fruits,

expected to produce
ART. 1461

ART. 1460
ART. 1459
ART. 1469
 ART. 1473

ART. 1472

General rule: when the price cannot

be determine in any manner, the ART. 1474
contract is inefficacious, and the
sale is void.
exception: if the thing has been
delivered to buyer, he must pay
a reasonable price.

ART. 1470
ART. 1489

ART. 1490

ART. 1491 par. 1

 ART. 1491 par. 3

ART. 1491 par. 2

1491 par. 4
1491 par. 5
page 31

page 30
ART. 1483 pg. 41

contract of sale must be in writing to be

enforceable:
1. sale of real property
2. sale of real property not less than 500
3. sale of property not to be performed within
a year from the date thereof.
art 1458
 ART. 1494

ART. 1493 pg. 71

ART. 1476
1) Traditio Simbolica
lesee to owner
owner to lesee