Notes on Law on Sales dated Feb 16, 2023

sale by sample or description or both, the product must concur with the actual product.

description - it was not presented. merely described. if upon the presentation, magkaiba, ang
remedy ay rescind. damages if with bad faith

Sample - it was shown to the buyer.

Rules on sale as to form of contract.

- Identify the properties involved. real or personal. (remember stat of frauds)

1. personal- property 500 above.

2. Real property or interest on property, must be in writing to be enforceable.

3. As to the "Recording" must be notarized beforehand.( cannot be annotated if not

notarized)

4. not writing, valid but not unenforceable.

5. possible enforceable, if verbal lang. kapag may partial performance or partial

payment.(Statute of Frauds will not apply)

Art. 1484. sale of perosnal property on installment basis. remedies of seller.

Applied Alternatively. meaning, isa lang ang pwede i-apply.

first, yung sa demand payment. Entire amount or not? depends on the stipulation. kung
upon failure to pay, pwde lahat na agad.

second, (cancel of contract), balik pato. (return of property, return of payment). pero,
depends on stipulation, pwedeng bawian, pwedeng forfeiture. Except dun sa 11 months example out 12
months, can be contested by the parties.

Third, it will only apply if there is a mortgage. (foreclose, not ownership. ibebenta pa.
yung proceeds nun, ibibigay sa seller). but after that, the seller can no longer go after the buyer.

1485. lease of property.

apply lang yung rule 1 and 2 from the preceding article. no foreclosure.
1486 forefeiture

1487, si seller ang gagastos

1489. all persons may enter into a contract. except for those minor and are incapable.

rule: if one of the parties is minor or incapacitated, voidable.

if both minor or incapacitated, void yun.

if minor is accompanied by a guardian or parent, valid.

if the object of the contract is considered to be Necessities and the minor is the receiver, it will be valid.
if baliktad, voidable. (yung minor ang nagbebenta)

Spouses cannot sell among each other.

except, if there is a prenup or judicial separation.

purpose, to avoid defrauding of spouses to the third parties or creditors.

1491. acquisitions of properties as related to public policy. (guardian to its ward, agent to its principal,
etc.) "kuha mo, kain mo"

Kasama din yung mga judges, fiscal, ekek, those that are under their custody in relation to the
performance of their duty.

Persons that are disqualified by law. example, aliens, sheriffs that are being auctioned.

1492. applying the two preceding article as to legal redemption, compromise, and renunciations.

Date: Feb 23, 2023

Art. 1493 1494

under 1493 specific things. - Separate identity whether personal or real, property

under 1494 specific goods - object usually fungible, must identify the weight, number and
measure

if it is a generic thing, despite loss, it will still proceed. it never perishes. pwede ka magpalit
kapag nawala. (ibang cp).

If Partial loss, still in working condition. buyer may withdraw from the contract, or the buyer
may demand the seller to deliver it to him and pay the reduced price.

1494 - cavan of rice. this will apply if the object is divisible. if indivisible, apply
1493.

Obligations of seller.

deliver the object

transfer ownership

warranty against hidden defects. (future pagaaralan in detailed.)

To take care of the object.( NOT SECURE)

Pay the expenses in the execution of sale. (its the law that gives that obligation to the seller.
except for contrary stipulations by the parties.)

How to effect delivery.

actual delivery - possession and control is given to the buyer. usually movable properties.
(binigay ko yung laptop). not applicable to real properties

Constructive Delivery -

Execution of public instrument, symbolic, ..... madami. hanapin mo sa book

If the real property is sold, it is transferred by:

there must be an execution of deed or contract of sale.

if its not notarized, only binding to the parties.

after notarized, register to registry of deeds to serve as notice.

 (the buyer must be able to possess the properties after this steps. in this case,
there is no delivery.)

If personal property, okay lang notarized. not required.

symbolic tradition does not apply to real properties. (warehouse, nandun sa loob yung refrigarator. get
what is in stored)

Longgamanu - you cannot simply "point" to determine the object. only applicable to personal property.

Brevimano - lessee in possession of the property, binenta niya sa lessor.

traditio constitutuum promissorium. - applicable to personal property, but it depends. but if depository,
applicable.

quasi - copy rights, patents,

deliver: negotiable instruments

Art 1502.

contract of sale on return, and on trial, satsifaction or approval.

1. the seller gives to the buyer the right to return the object to the seller. (resolutory condition)
buyer shall have the burden to take care.

2. the ownership is retained by the seller, until there is a go signal from the buyer. (Suspensive
Condition - wait for the approval of the buyer. then, there will be a contract.) the seller shall have the
burden to take care.

In both cases, buyer shall have the advantage.

next meeting, 1503 - 1521. (March 2, 2023)

Notes for March 2, 2023

Actual delivery - The buyer has the control and possession of the object.

Constructive delivery - execution of public document, symbolic.

1503 - rule is, ownership of the goods are transferred to the buyer upon delivery. or even in transit.

xmp- 1.if there is stipulation to contrary (as long as not contrary to law policy.. ekek)
 2. when the goods are shipped, and by the bill of lading, is delivered to the seller or his
agent. The ownership is to the sller. unless if the buyer performs his obligation.

3. the goods were shipped, the bill of lading is in the possession of the seller but it is
named to the buyer.. the ownership is retained by the seller.

4. Bill of exchange (ito yung babayaran mo sakin) tapos ayaw bayaran yung Bill of
Exchange, ni-negotiate pa. (yung possession ng property ay na kay baillee pa) kasi dapat nga naman,
ibalik ni buyer yung bill of exchange.

1504 - talks about risk of loss.

rule- goods ay na kay seller, nasa kanya din yung risk of loss. if na kay buyer na, kanya na yung
loss.

xmp- 1. if there is a stipulation for the security of the seller, to comply the buyer his obligation.

2. delayed by the buyer or the seller.

1505 - talks about fraud seller

rule - seller not the owner, owner did not consent, the buyer will not acquire any title to the
object.

xmp - 1. the owner is estopped. (hinayaan lang niya)

2. Order by the court. (sherriff, because he merely acted as the executor of the court.

3. Voidable Title. (forcefully sold.)then, another buyer bought in good faith.

4. can the victim of theft recover from the good faith buyer?

Yes. Under art. 559(if buy with good faith, you have title over the property)

But, can you recover the amount? yes if done in public sale (auction) reimburse
from owner, to the good faith buyer. note. recoverable by the owner from good faith buyer.

5. Merchants (to secure the life of merchants.. you can't always ask the ownership of
the merchandise or object.)

NEXT MEETING 1507- 1520 + 10 PROVISIONS

NOTES ON SALES DATED MARCH 23, 2023

1525 - 1534 plus 10 next meeting

Art. 1521

rules as re: place of delivery of goods.

- if ordinary goods. agreement by the parties.

- usage of trade (usual practice dun sa place) (bagsakan ng bigas)

- Place of business of seller

- Place of residence of seller

- if specific goods agreement of parties, or usage of trade.

As to time or date of delivery

- kung kailan stipulated.

- if no time provided for its delivery

- within reasonable time. depending on the goods.

- if no date for its delivery

- time is of the essence (wedding dress)

What if the goods delivered is less than of the agreed quantity

- it matters if the buyer is aware

- if aware na kulang, buy may reject the whole, or accept with the
contract price

- If not aware si buyer, buyer shall pay with fair value. (base sa market
value at the time it was not delivered).

What if more than the agreed goods.

- if mixed goods, reject the mixed/excess, then accept the agreed goods. pero kung
gusto mo, bilhin mo lahat

If indivisible

-Buyer may reject or accept it in whole

Seller delivers the goods through a carrier to the buyer.

 - first obli of seller is to make a contract with the courier in behalf of the buyer.(so that the
seller will not shoulder the risk and the buyer will now bear the risk)

- second obligation of seller. Seller informs the buyer to insure the goods.

- is there an instance where the seller no longer needs to insure the goods while
in transit?

- yes. there may be an instance where the seller is not required to notify
the buyer to insure the goods if the goods are perishable or fragile.

- If there is an insurance in the goods, the seller will pay for it.

Art. 1524 - Seller is not bound to deliver the goods if he is not yet paid.

-xmp. if there is an agreement that the payment shall be made at a later date.

UNPAID SELLER (payment not made, in whole or in part, or the negotiable documents were broken
because it was not honored.

REMEDIES

- Lien or possessary. Retain the possession of the goods.

Requisites for this to apply

1.(there is no stipulation to credit.)

2.(there is stipulation to credit but expired)

- Insolvency

No need for actual insolvency ( kahit sabihin lang ni buyer. no need for court
order.

TO BE CONTINUED YUNG IBANG REMEDIES Under Art 1526

APRIL 16 2023 NEXT MEETING, 1544 ANG START WITH CASES

ART. 1536 Rule - delivery of the object and payment is simultaneous. but if there is a period, need to be
deliver (sale on credit)

xmp. (seller is still not bound)

1insolvent,

2no guaranty,

3guaranty but nawala at fault ni buyer,

4di ginawa yung undertaking,

5abscond(wants to escape)

Art 1537 - deliver the object by the seller, together with accession or accessories

Accessions - those that are attached to the principal, ornaments. or improvements

(house, trees, fruits)

Accessories - example, earphones sa phones.

sa Fruits, upon perfection of contract, kay buyer.

xmp. before the perfection of contract, or there is stipulation to the contrary

ART 1538 - basahin mo yung Art. 1189. (yung with fault si seller, etc.)

ART 1539 - if the seller is to deliver in an exact amount of a real property

if proportional reduction of price, regardless kung gano kalaki yung lacking in the area.

if gusto mo mag-rescind, dapat at least 1/10 ang lacking sa total area.

if there is deficiency of quality ( the production oor the possible incomee of the property is
reduced by at least 1/10

ART 1540 - If more than the agreed area of property, buyer may pay for the additional, or reject the
excess.

ART. 1541

ART. 1542 BASAHIN MO ULIT- kung 500 sqm, the amount is 2 million lump sum, if the seller sold this to
the buyer despite the fact if the area is actually 600, the parties will still stick to the 2 million agreed
price.

remedy of