with Correct Answers
Nominate, Principal, Bilateral, Onerous, Consensual, and Commutative - Answer-
Characteristics of a contract of sale
Essential Elements - Answer-those without which, there can be no valid sale (consent,
object, price)
Natural Elements - Answer-inherent and are deemed to exist even in the absence of
contrary provision, save those in the contrary (warranties against eviction and hidden
defects)
Accidental Elements - Answer-dependent on the parties' stipulation (e.g. conditions,
interest, penalty, time or place of payment)
Essential, Natural, and Accidental Elements - Answer-Elements of contract of sale
as a rule contracts entered into by a minor and other incapacitated persons are voidable
except when necessary are sold - Answer-can minors and other incapacitated persons
enter into a contract of sale?
1. when a separation of property was agreed upon in the marriage settlement
2. when there has been a judicial separation of property - Answer-on what instance can
spouses sell properties to each other?
by the contractive sale one of the contracting parties obligates himself to transfer the
ownership and to deliver a determinate thing, and the other to pay therefore a price
certain in money or its equivalent - Answer-what is article 1458?
when it is placed in the control and possession of the vendee. article 1497 - Answer-
when is a thing understood as delivered?
Art. 1459. the thing must be listened and the vendor must have a right to transfer the
ownership thereof at the time it is delivered - Answer-when is the transfer of ownership?
delivery is represented by signs or acts indicative thereof
- Answer-what is constructive delivery?
a. personal property-first processor in good faith
b. real property
i. first registrant in good faith
ii. first processor in good faith
iii. person with the oldest title - Answer-Rules of Preference (Double Sale)