Scribd Logo
Upload

Welcome to Scribd!

  • VALID Even The Thing Does Not Come Into Existence

    Uploaded by

    rnvrovrns
    51 views2 pages
    The document discusses different types of sales under Philippine civil law: 1. Future goods can be the object of a sale, but it is an executory contract only until the goods come into existence. 2. An owner can sell either their whole interest in a thing, or an undivided part or share of the thing. If a co-owner sells their undivided interest, it does not require the consent of other co-owners. 3. For the sale of an undivided share of a specific mass of fungible goods, the buyer becomes a co-owner of their proportionate aliquot share. If the actual mass is later found to be less, the buyer owns the

    Original Description:

    Original Title

    VALID even the thing does not come into existence

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    The document discusses different types of sales under Philippine civil law: 1. Future goods can be the object of a sale, but it is an executory contract only until the goods come into existence. 2. An owner can sell either their whole interest in a thing, or an undivided part or share of the thing. If a co-owner sells their undivided interest, it does not require the consent of other co-owners. 3. For the sale of an undivided share of a specific mass of fungible goods, the buyer becomes a co-owner of their proportionate aliquot share. If the actual mass is later found to be less, the buyer owns the

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pdf or txt
    51 views2 pages

    VALID Even The Thing Does Not Come Into Existence

    Uploaded by

    rnvrovrns
    The document discusses different types of sales under Philippine civil law: 1. Future goods can be the object of a sale, but it is an executory contract only until the goods come into existence. 2. An owner can sell either their whole interest in a thing, or an undivided part or share of the thing. If a co-owner sells their undivided interest, it does not require the consent of other co-owners. 3. For the sale of an undivided share of a specific mass of fungible goods, the buyer becomes a co-owner of their proportionate aliquot share. If the actual mass is later found to be less, the buyer owns the

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pdf or txt
    of 2

    VALID even the thing does not come into existence.

    But if hope is vain, VOID (ex:


    sweepstakes ticket w/c can never win)

    ART 1462
    1. Goods w/c may be the object of sale
     Existing goods – possessed by seller
     Future goods – to be manufactured, raised or acquired

    2. Sale of future goods


    Executory contract only.

    ART 1463
    1. Sale of undivided interest in a thing
     By sale owner – sole owner, may sell whole or part or undivided interest
    therein. Legal effect of sale of undivided interest – co-owner na si buyer
     By co-owner – he may dispose his undivided interest w/out consent of
    other co-owners.

    ART 1464
    1. Sale of an undivided share of a specific mass
     Fungible goods – any unit is treated as equivalent of any other unit (grain,
    oil, wine, gasoline)

     Effect of sale – owner of mass of goods may sell an undivided share


    provided it is specific and capable of being made determinate
    Buyer becomes co-owner in his proportion
    Aliquot share of each owner determined by measurement of entire
    mass ONLY.
    If later discovered that goods contains less than sold, buyer
    becomes owner of WHOLE MASS, seller shall supply whatever is
    lacking, same kind, same quality

     Risk of loss – whole mass is at the risk of all the parties interested in it, in
    proportion to their various holdings
     Subject matter – incorporeal or intangible right

    ART 1465
    1. Sale of thing subject to resolutory condition
    Uncertain event upon happening of w/c the obligation/right subject to it is
    extinguished.
    (ex: right to repurchase and exercised the right; sale of land because of failure to
    pay debt, but if redeemed (w/in 1 year from and after the sale), sale is extinguished

    ART 1466
    1. Sale vs. agency to sell
    Agency – on behalf/representation with authority
    Sale Agency
    Buyer who receive is now Agent who receive, retains to
    owner principal
    Buyer has to pay price Simply to account for
    proceeds
    Cannot return object sold (gen Agent can return if unable to
    rule) sell
    Seller warrants thing sold Agent makes no warrant
    Buyer can deal as he pleases Agent must act according to
    instructions of principal

    You might also like