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LAW ON SALES (Part 1)
LAW ON SALES (Part 1)
Part 1
CHAPTER 1
Nature and form of contract
Article 1458
3. Minors and other incapacitated persons – They may validly enter into a
contract of sale on necessaries and the price payable in such case shall be
the reasonable price
Who are the persons specially disqualified to
buy?
1. The husband and wife cannot sell property to each other, except:
a. When separation of property was agreed upon in the marriage settlement,
b. When there has been a judicial separations of property
2. Persons who, because of their position and relation with the person under their
control, are prohibited from acquiring said property, either directly or indirectly
and whether in private or public sale, namely:
• Actual - when thing sold is placed in the control & possession of the buyer
• Constructive delivery
DIFFERENT FORMS OF CONSTRUCTIVE DELIVERY