A. Article 1592 of the Civil Code does not apply to a conditional sale. In Valarao v.

CA, 304 SCRA 155, the Supreme Court

held that Article 1592 applies only to a contract of sale and not to a Deed of Conditional Sale where the seller has
reserved title to the property until full payment of the purchase price.

No, the vendor cannot rescind the contract under the circumstances. Under the Maceda Law, which is the law
applicable, the seller on installment may not rescind the contract till after the lapse of the mandatory grace period of 30
days for every one year of installment payments, and only after 30 days from notice of cancellation or demand for
rescission by a notarial act. In this case, the refusal of the seller to accept payment from the buyer on the 49th month
was not justified because the buyer was entitled to 60 days grace period and the payment was tendered within that
period. Moreover, the notice of rescission served by the seller on the buyer was not effective because the notice was not
by a notarial act. Besides, the seller may still pay within 30 days from such notarial notice before rescission may be
effected. All these requirements for a valid rescission were not complied with by the seller. Hence, the rescission is
invalid.

Mine:

No, Mayex Relampagos Condominium cannot rescind the contract. First of all, there is no legal basis for their rescission
as Article 1592 can’t back up their legal claims. Furthermore, Article 1592 is not applicable "(1) to sales on installments
of real property in which the parties have laid down the procedure to be followed in the event the vendee fails to fulfill
his obligation." In relation to the case above, Arthur the buyer missed the two consecutive paying schedules but on the
53rd month he tried to pay but the vendor didn’t accept the payment. The action of the vendor is not justifiable as there
is a 60-day grace period that is authorized to Arthur. Furthermore, the pursuant of automatic rescission is not valid as I
have said that Article 1592 is not applicable in this case and in the Deed of Conditional Sale. So, the vendor does not
have any essential documents to validate the rescission.

LUCY and MARIE:

Marie must pay Lucy for the lost Lumiere product. For my legal basis, under Article 1504 of the Civil Code, "if a thing is
lost by a fortuitous event, the risk is borne by the owner of the thing at the time of the loss (res perit domino)". It is a bit
confusing if this is a consignment or agency to sell or a sale, because of the commission, Furthermore, the fact that
Marie would pay the product within 60 days makes it a sale and so it is safe to assume that it is a sale. I think it is an
obligation with a contract as Lucy is obliged to deliver her products to the buyer and Marie is obliged to pay for the
delivered goods within a contract of 60 days. As the delivery of the product was completed, the ownership was
transferred to Marie, so any fortuitous event that would result in the loss or damage of the product the risk would be
borne by Marie, the owner. Therefore, she should pay for the lost Lumiere product because she is already the owner of
it.

OYSTERS of mr. bean:

Mr. Bean should claim the pearl because it does belong to him. For the fact that Mr. Bean payed for the oyster he is
already the owner of the oyster and all possible fruits or accessories that the oyster may contain. As Article 1537 states
that in the perfection of contract the thing sold is delivered to the vendee with all its accessory and accessions. So
applying to the case above, Mr. bean is the vendee who bought the oyster and Restaurant L’huitrier is the vendor who
sold and delivered the oyster to Mr. Bean so after the delivery Mr. Bean became to owner of the oyster and all its
accessions and accessories, then the contract is perfected.

Unpaid Seller:

The sales made by the buyer to another person has clearly no effect on the rights of the unpaid seller. As the buyer sold
the goods without the unpaid sellers’ approval the sale is void. Furthermore, there isn’t any legal documents that proves
the negotiation of the buyer and the other person which bought the goods which to be a legal transaction. So, the selling
of the buyer of the goods to another does not affect the rights of lien and his right of stoppage of transit.
 opened 1860). She also was instrumental in setting up training for midwives and nurses in workhouse
infirmaries. She was the first woman awarded the Order of Merit (1907). International Nurses Day, observed
annually on May 12, commemorates her birth and celebrates the important role of nurses in health care.