2. NATURE AND FORM OF THE CONTRACT
Q: What is the legal definition of a
Contract of Sale?
3. NATURE AND FORM OF THE CONTRACT
Art. 1458. By the contract of sale one of the contracting parties
obligates himself to transfer the ownership and to deliver a
determinate thing, and the other to pay therefor a price certain in
money or its equivalent.
A contract of sale may be absolute or conditional.
4. NATURE AND FORM OF THE CONTRACT
Q: Based on the definition under Art.
1458, what is the very essence of a
Contract of Sale?
5. NATURE AND FORM OF THE CONTRACT
The very essence of a Contract of Sale is the transfer of ownership
in exchange of the price paid or promised.
6. NATURE AND FORM OF THE CONTRACT
Q: What are the Characteristics of a
Contract of Sale?
7. NATURE AND FORM OF THE CONTRACT
Consensual
Bilateral
Commutative
Principal
Onerous
Nominate
8. NATURE AND FORM OF THE CONTRACT
Q: What are the Essential Requisites of a
Contract of Sale?
9. NATURE AND FORM OF THE CONTRACT
C O C
Consent or meeting of the minds
Object or subject matter
Cause or consideration
10. NATURE AND FORM OF THE CONTRACT
Q: What is the effect of the absence of
any of the above essential elements?
11. NATURE AND FORM OF THE CONTRACT
Q: Can there be a valid sale against the
will of the owner of the property?
12. When the property is subjected to expropriation (NCC, Arts.
435 and 1488);
In case of ordinary execution sale conducted under Section
15, Rule 39 of the Revised Rules of Civil Procedure:
In case of judicial foreclosure sale under Rule 68; and
In case of extra-judicial foreclosure sale under Act 3135, as
amended.
13. NATURE AND FORM OF THE CONTRACT
Q: Are there other elements of a
Contract of Sale? Is yes, what are those?
14. NATURE AND FORM OF THE CONTRACT
Natural Elements
Accidental Elements
15. NATURE AND FORM OF THE CONTRACT
Q: What are the Stages of a COS?
16. NATURE AND FORM OF THE CONTRACT
Q: What are the Kinds of Contract of
Sale?
17. NATURE AND FORM OF THE CONTRACT
Q: Emptio rei speratae vs. Emptio spei
18. NATURE AND FORM OF THE CONTRACT
Q: What are Future Goods?
May future goods be the object of a
Contract of Sale?
19. NATURE AND FORM OF THE CONTRACT
Q: What is a future inheritance?
May future inheritance be the subject of
a Contract of Sale?
May hereditary rights be sold?
20. NATURE AND FORM OF THE CONTRACT
Q: May the sole owner of a thing sell an
undivided interest therein?
21. NATURE AND FORM OF THE CONTRACT
Q: In a Conditional Sale, what is the
effect of non-performance of the
condition or if the condition did not
take place?
22. NATURE AND FORM OF THE CONTRACT
Q: A contract of sale of a lot stipulates that
the "payment of the full consideration
based on a survey shall be due and payable
in 5 years from the execution of a formal
deed of sale." What Kind of COS is this?
Absolute or Conditional? Why?
23. NATURE AND FORM OF THE CONTRACT
Q: Distinction between a COS and Other
Contracts:
Sale v. Agency to Sell
Sale v. Contract for a Piece-of-Work
Sale v. Barter
24. NATURE AND FORM OF THE CONTRACT
Q: Distinction between a COS and Other
Contracts:
Sale v. Dacion en pago
Sale v. Lease
Sale v. Donation
25. NATURE AND FORM OF THE CONTRACT
Q: What is a Contract to Sell?
26. NATURE AND FORM OF THE CONTRACT
Q: Distinction between a Contract of
Sale and a Contract to Sell.
27. NATURE AND FORM OF THE CONTRACT
Q: Distinction between a Conditional
Contract of Sale and a Contract to Sell.
28. NATURE AND FORM OF THE CONTRACT
Q: What is an Option Contract?
29. NATURE AND FORM OF THE CONTRACT
Q: Distinction between a Contract of
Sale and an Option Contract.
30. NATURE AND FORM OF THE CONTRACT
Q: Instances when the seller is given the
right to bid in the auction.
