SESSION 8. SPECIAL CONTRACT
CONTRACT OF SALE - Seller obligates
himself to transfer ownership and to deliver
determinate thing, and buyer to pay a
certain price in money or its equivalent.
CONTRACT TO SELL - Parties agree that
ownership in the thing shall not pass to the
buyer until he has fully paid the price.
ESSENTIAL REQUISITES:
1. Consent
seller’s consent to transfer ownership &
deliver determinate thing
buyer’s consent to pay the price certain
2. Object - Must be lawful, determinate or
determinable
3. Consideration/Cause - price certain in
money or its equivalent.
SALES- PARTIES
General Rule: Any person who has
capacity to act may enter into a contract of
sale. All persons, whether natural or juridical,
who can bind themselves have also legal
capacity to buy and sell.
EXC: Incapacities
1. Absolute
2. Relative
3. Special
SALES- VENDOR’s OBLIGATIONS
1. To transfer ownership of the thing;
2. To deliver the thing, with its accessions
and accessories, if any;
3. To warrant against eviction and against
hidden defects;
4. To take care of the thing, pending
delivery, with proper diligence;
5. To pay for the expenses of the deed of
sale.
ACTUAL DELIVERY - thing sold is placed
in the control and possession of the vendee
CONSTRUCTIVE DELIVERY - Execution of
public instrument.
SALES- VENDEE’s OBLIGATIONS
1. To inspect and accept the object;
2. To pay the price;
3. To Bear the Expenses for the
Registration of the Sale.
