Title VI. - SALES Nature and Form of The Contract

You might also like

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 5

Title VI.

- SALES
CHAPTER 1
NATURE AND FORM OF THE CONTRACT

Art. 1458. By the contract of sale one of the ________ parties ________ himself
to ________ the ________ and to deliver a ________ thing, and the other to pay
therefor a price ________ in money or its ________.
A contract of sale may be ________ or ________. (1445a)
Art. 1459. The thing must be ________ and the vendor must have a right to transfer
the ________ thereof at the time it is ________. (n)
Art. 1460. A thing is ________ when it is particularly ________ or physicaly
________ from all other of the same class.
The ________ that a thing be determinate is ________ if at the time the contract
is entered into, the thing is ________ of being made determinate without the
________ of a new or further ________ between the parties. (n)
Art. 1461. Things having a ________ existence may be the ________ of the
contract of sale. The ________ of the sale of a mere ________ or ________ is
deemed subject to the condition that the thing will come into ________. The sale
of a ________ hope or ________ is ________. (n)
Art. 1462. The ________ which form the subject of a contract of sale may be either
________ goods, owned or ________ by the seller, or goods to be ________,
raised, or acquired by the seller after the ________ of the contract of sale, in this
Title called "future goods." There may be a contract of sale of goods, whose
________ by the seller depends upon a ________ which may or may not happen.
(n)
Art. 1463. The ________ owner of a thing may sell an ________ interest therein.
(n)
Art. 1464. In the case of ________ goods, there may be a sale of an ________
________ of a specific mass, though the seller ________ to sell and the buyer to
buy a ________ number, weight or ________ of the goods in the mass, and though
the number, weight or measure of the goods in the mass is ________. By such a
sale the buyer becomes ________ in common of such a share of the mass as the
number, weight or measure bought bears to the number, weight or measure of the
mass. If the mass contains ________ than the number, weight or measure bought,
the buyer becomes the owner of the whole mass and the seller is ________ to
make good the ________ from goods of the same ________ and ________,
unless a contrary ________ appears. (n)
Art. 1465. Things subject to a ________ ________ may be the ________ of the
contract of sale. (n)
Art. 1466. In ________ a contract containing provisions ________ of both the
contract of sale and of the contract of ________ to sell, the ________ clauses of
the whole ________ shall be considered. (n)
Art. 1467. A contract for the ________ at a certain price of an article which the
vendor in the ________ course of his business manufactures or ________ for the
________ market, whether the same is on hand at the time or not, is a contract of
sale, but if the goods are to be ________ specially for the customer and upon his
________ order, and not for the general market, it is a contract for a ________ of
________. (n)
Art. 1468. If the ________ of the contract consists ________ in money, and partly
in another thing, the transaction shall be characterized by the manifest ________
of the parties. If such intention does not clearly appear, it shall be considered a
________ if the value of the thing given as a part of the consideration ________
the amount of the money or its ________; otherwise, it is a sale. (1446a)
Art. 1469. In order that the ________ may be considered ________, it shall be
________ that it be so with reference to another thing certain, or that the ________
thereof be left to the ________ of a special person or persons.
Should such person or persons be unable or ________ to fix it, the contract shall
be ________, unless the parties ________ agree upon the price.
If the third person or persons acted in ________ ________ or by ________, the
________ may fix the price.
Where such third person or persons are ________ from fixing the price or terms
by ________ of the seller or the buyer, the party not in fault may have such
________ against the party in fault as are allowed the seller or the buyer, as the
case may be. (1447a)
Art. 1470. Gross ________ of price does not affect a contract of sale, except as it
may indicate a ________in the ________, or that the parties really ________ a
________ or some other act or contract. (n)
Art. 1471. If the price is ________, the sale is ________, but the act may be shown
to have been in reality a ________, or some other act or contract. (n)
Art. 1472. The price of ________, ________, ________, and other things shall
also be considered certain, when the price ________ is that which the thing sold
would have on a ________ day, or in a particular exchange or ________, or when
an amount is fixed above or ________ the price on such day, or in such exchange
or market, provided said ________ be certain. (1448)
Art. 1473. The fixing of the price can ________ be left to the ________ of one of
the contracting parties. However, if the price fixed by one of the parties is accepted
by the other, the sale is ________. (1449a)
Art. 1474. Where the price cannot be ________ in ________ with the preceding
articles, or in any other manner, the contract is inefficacious. However, if the thing
or any part thereof has been delivered to and ________ by the buyer he must pay
a ________ price therefor. What is a ________ price is a question of fact ________
on the ________ of each particular case. (n)
Art. 1475. The contract of sale is ________ at the ________ there is a meeting of
minds upon the thing which is the object of the contract and upon the price. From
that moment, the parties may ________ demand performance, subject to the
provisions of the law ________ the form of contracts. (1450a)
Art. 1476. In the case of a sale by ________:
(1) Where goods are put up for sale by ________ in lots, each lot is the
________ of a ________ contract of sale.
(2) A sale by ________ is ________ when the auctioneer ________ its
perfection by the fall of the ________, or in other ________ manner. Until
such ________ is made, any ________ may retract his bid; and the
auctioneer may ________ the goods from the sale unless the auction has
been ________ to be without ________.
(3) A right to ________may be reserved ________ by or on ________ of
the seller, unless otherwise provided by law or by ________.
(4) Where ________ has not been given that a sale by auction is subject
to a right to bid on behalf of the seller, it shall not be ________ for the seller
to bid himself or to ________ or ________ any person to bid at such sale
on his behalf or for the auctioneer, to employ or induce any person to bid
at such sale on behalf of the seller or ________ to take any bid from the
________ or any person employed by him. Any sale ________ this rule
may be treated as fraudulent by the buyer. (n)
Art. 1477. The ________ of the thing sold shall be ________ to the ________ upon
the actual or ________ delivery thereof. (n)
Art. 1478. The parties may ________ that ________ in the thing shall not pass to
the ________ until he has ________ paid the price. (n)
Art. 1479. A ________ to buy and sell a ________ thing for a price certain is
________ ________. An accepted unilateral promise to buy or to sell a
determinate thing for a price certain is binding upon the ________ if the promise
is supported by a consideration ________ from the price. (1451a)
Art. 1480. Any ________ to or ________ from the thing sold, after the contract has
been ________, from the moment of the ________ of the contract to the time of
delivery, shall be governed by Articles 1163 to 1165, and 1262.
This rule shall apply to the sale of ________ things, made ________ and for a
single price, or without ________of their weight, number, or measure.
Should ________ things be sold for a price fixed according to weight, number, or
measure, the risk shall not be imputed to the ________ until they have been
weighed, counted, or measured and delivered, unless the latter has ________ in
________. (1452a)
Art. 1481. In the contract of sale of goods by ________ or by ________, the
contract may be ________ if the bulk of the goods delivered do not correspond
with the ________ or the sample, and if the contract be by sample as well as
description, it is not sufficient that the ________ of goods ________ with the
sample if they do not also ________ with the description.
The buyer shall have a ________ ________ of comparing the bulk with the
description or the sample. (n)
Art. 1482. Whenever ________ money is given in a contract of sale, it shall be
considered as part of the price and as proof of the ________ of the contract.
(1454a)
Art. 1483. Subject to the provisions of the ________ of ________ and of any other
________ statute, a contract of sale may be made in writing, or by word of mouth,
or partly in writing and partly by word of mouth, or may be ________ from the
conduct of the parties. (n)
Art. 1484. In a contract of sale of ________ property the price of which is payable
in ________, the vendor may exercise any of the following ________:
(1) Exact ________ of the ________, should the vendee fail to pay;
(2) ________ the sale, should the vendee's failure to pay cover ________
or more installments;
(3) Foreclose the ________ mortgage on the thing sold, if one has been
________, should the vendee's failure to pay cover ________ or more
installments. In this case, he shall have no further ________ against the
purchaser to recover any unpaid ________ of the price. Any ________ to
the contrary shall be ________. (1454-A-a)
Art. 1485. The preceding article shall be ________ to contracts ________ to be
________ of personal property with option to buy, when the lessor has deprived
the ________ of the possession or ________ of the thing. (1454-A-a)
Art. 1486. In the case referred to in two preceding articles, a ________ that the
installments or rents paid shall not be ________ to the vendee or lessee shall be
________ insofar as the same may not be ________ under the circumstances. (n)
Art. 1487. The ________ for the ________ and registration of the sale shall be
________ by the ________, unless there is a stipulation to the contrary. (1455a)
Art. 1488. The e________ of property for public ________ is ________ by special
laws. (1456)
CHAPTER 2 CAPACITY TO BUY OR SELL

Art. 1489. All ________ who are ________ in this Code to obligate themselves,
may enter into a contract of sale, saving the modifications contained in the
following articles. Where ________ are those sold and delivered to a ________or
other person without ________ to ________, he must pay a ________ price
therefor. Necessaries are those referred to in Article 290. (1457a)
Art. 1490. The ________ and the ________ cannot sell property to each other,
except:
(1) When a ________ of ________ was agreed upon in the marriage
settlements; or
(2) When there has been a ________ ________ or ________ under Article
191. (1458a)
Art. 1491. The following persons cannot ________ by purchase, even at a public
or ________ auction, either in person or through the ________ of another:
(1) The ________, the property of the person or persons who may be under
his ________;
(2) Agents, the ________ whose ________ or sale may have been
________ to them, unless the ________ of the ________ has been given;
(3) ________ and ________, the property of the estate under
administration;
(4) ________ ________ and employees, the property of the State or of any
________ thereof, or of any government-owned or controlled corporation,
or ________, the administration of which has been intrusted to them; this
provision shall apply to ________ and government experts who, in any
manner whatsoever, take part in the sale;
(5) ________, judges, prosecuting attorneys, ________ of superior and
________ courts, and other officers and employees connected with the
administration of justice, the property and rights in ________ or ________
upon an execution before the court within whose jurisdiction or territory they
exercise their respective ________; this prohibition includes the act of
________ by assignment and shall apply to lawyers, with respect to the
property and rights which may be the ________ of any litigation in which
they may take part by virtue of their profession. (6) Any others specially
________by law. (1459a)
Art. 1492. The ________ in the two preceding articles are ________ to sales in
legal ________, compromises and renunciations. (n)

You might also like