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16 Cards in this Set
- Front
- Back
Article 1459 |
The thing must be licit and the vendor must have a right to transfer the ownership thereof at the time it is delivered |
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meaning by itself, such as the sale of decaying fruits for human consumption and "shabu" |
Illicit per se |
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meaning a thing is made illicit because of a provision of the law, such as the sale of lottery tickets |
Illicit per accidens |
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A thing is determinate when it is particularly designated or physically segregated form all others of the same class |
Art. 1460 |
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The requisite that a thing be determinate is satisfied if at the time the contract is entered into, the thing is capable of being made determinate without the necessity of a new or further agreement between the parties |
Art. 1460 (prt2) |
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When is a thing determinate? |
When it is particularly designated or physically segreagated from all others of the same class |
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Contract of sale not perfected unless the thing is determinate. Explain. |
A contract of sale is not perfected until the parties have agreed upon not only the price but also the thing sold. If the thing sold is not determinate, therefore there was no sale. |
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Things having a potential existence may be the object of the contract of sale |
Art. 1461 |
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The efficiency of the sale of a mere hope or expectancy is deemed subject to the condition that the thing will come into existence |
Art. 1461 (prt2) |
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The sale of vain hope or expectancy is void |
Art. 1461 (prt3) |
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Sale of things with potential existence |
Emptio rei speratae |
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Sale of hope or expectancy |
Emptio Spei |
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The goods which form the subject of a contract of sale may either be existing goods, owned or possessed by the seller, or goods to be manufactured, raised, or acquired by the seller after the perfection of the contract of sale, in this title called "Future goods" |
Art. 1462 |
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There may be a contract of sale of goods, whose acquisition by the seller depends upon a contingency which may or may not happen |
Art 1462 (prt2) |
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These refer to goods owned or possessed by the seller at the time of the perfection of the contact of sale |
Existing goods |
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these refer to goods which are to be manufactured , raised or acquired by the seller after the perfection of the contract of sale. |
future goods |