Scribd Logo
Upload

Welcome to Scribd!

  • Handout No. 2S

    Uploaded by

    florabel parana
    8 views1 page
    This document distinguishes between two types of sales: emptio rei speratae and emptio spei. Emptio rei speratae involves the sale of a thing that potentially exists, where the uncertainty is about the thing's quantity and quality but not its existence. Emptio spei involves the sale of a mere hope or expectancy, where the uncertainty is about the thing's very existence. In emptio rei speratae, the sale is conditional on the thing existing, while in emptio spei the sale is valid even if the thing does not come into being because the subject of sale is the hope itself.

    Original Description:

    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
    This document distinguishes between two types of sales: emptio rei speratae and emptio spei. Emptio rei speratae involves the sale of a thing that potentially exists, where the uncertainty is about the thing's quantity and quality but not its existence. Emptio spei involves the sale of a mere hope or expectancy, where the uncertainty is about the thing's very existence. In emptio rei speratae, the sale is conditional on the thing existing, while in emptio spei the sale is valid even if the thing does not come into being because the subject of sale is the hope itself.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pdf or txt
    8 views1 page

    Handout No. 2S

    Uploaded by

    florabel parana
    This document distinguishes between two types of sales: emptio rei speratae and emptio spei. Emptio rei speratae involves the sale of a thing that potentially exists, where the uncertainty is about the thing's quantity and quality but not its existence. Emptio spei involves the sale of a mere hope or expectancy, where the uncertainty is about the thing's very existence. In emptio rei speratae, the sale is conditional on the thing existing, while in emptio spei the sale is valid even if the thing does not come into being because the subject of sale is the hope itself.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pdf or txt
    of 1

    HANDOUT NO.

    2S

    POINTS OF EMPTIO RES EMPTIO SPEI


    DISTINCTION SPERATAE
    As to the object of the sale sale of a thing having a sale of a mere hope or
    potential existence expectancy
    As to what is uncertain Uncertainty is with regard The uncertainty with
    the quantity and quality regard the existence of
    but not with regard the the thing
    existence of the thing
    As to the subject thereof Deals with a future thing Deals with a present
    thing – the hope or
    expectancy
    As to requisite of the The sale is subject to the The sale produces
    existence of the thing condition that the thing effects even though the
    should exist, so that if it thing itself does not
    does not, there is no come into existence,
    contract for the lack of an since the subject matter
    essential requisite is the hope itself

    Sources: The Law on Sales, Agency and Credit Transactions, Hector S. De Leon
    Civil Code of the Philippines, Book No. V, Edgardo Paras, 1995 Edition
    Obligations and Contracts Desiderio P. Jurado, 1993 Edition

    A. Villegas

    You might also like