Art.

1458 Characteristic of a contract of sale: 5 traditio constitutum possessorium

6 quasi-traditio
1 Consensual
2 Bilateral Art. 1507 Most common forms of document of title:
3 Onerous 1 Bill of lading
4 Commutative 2 Dock warrant
5 Nominate 3 Warehouse receipt
6 Principal
Art. 1526. Remedies of an unpaid seller:
Essential requisites of a contract of sale:
1. Right to retain
1 Consent 2. Right of stooping the goods in transit
2 Object 3. Right of resale
3 Cause 4. Right to rescind

Kinds of illicit things:
1 per se (nature)
2 per accidens (provisions of law)
Art. 1490 Sale between husband & wife conditions:
Art. 1529 When unpaid seller losses possessory lien:
1. When he delivers the goods to a carrier for the
purpose of transmission to the buyer without
reserving the ownership in the goods.

1 When a separation of property was agreed upon in 2.When the buyer or his agent lawfully obtains
the marriage settlements possession of goods.

2 When there has been a judicial separation of 3. By waiver thereof.

property
Art. 1530 Requisites for the exercise of right of
Art. 1491 Person cannot purchase: stoppage in transit:

1 Guardian 1. Seller must be unpaid

2 Agents
3 Executors & Administrators
4 Public officer & employees
5 Justices, judges, prosecuting attorneys & etc.
Art. 1495 Principal obligations of the vendor:
1 transfer the ownership of the thing
2 deliver the thing
3 warrant against eviction & hidden defects
4 take care of the thing
5 pay expenses of the contract unless stipulation
Art. 1496 Ways of effecting delivery:
1 actual/real
2 constructive/legal
3 other manner
Ways of effecting constructing delivery:
1 execution of public instrument
2 traditio symbolica
3 traditio longa manu
4 traditio brevi manu
2. Buyer must be insolvent
3. Goods must be in transit
4. Seller must either actually take possession of the
goods sold or give notice of his claim to the carrier.
5. Seller must surrender the negotiable documents of
title issued by carrier.
6. Seller must bear the expenses of delivery of the
goods after the exercise of the right.
Art. 1531 When goods are in transit:
1. after delivery to a carrier & before the buyer or his
agent takes delivery of them
2. if the goods are rejected by the buyer & the carrier
continues in possession of them
When goods considered no longer in transit:
1 after delivery to the buyer/his agent
2 if the buyer/his agent obtains possession of the
goods at a point before the destination originally fixed
3 if the carrier acknowledges to hold the goods on
behalf of the buyer
4 if the carries wrongfully refuses to deliver the goods
to the buyer
Art. 1544 Rules as to preference of ownership in case
of a double sale (IMMOVABLE PROPERTY).
1 vendee who 1st register the sale in good faith in the
ROD
2 vendee who 1st takes possession in good faith
3 vendee who presents the oldest title in good faith
Art. 1547 Implied warranties in sale
1 As to seller’s title
2 Againts hidden defects/unknown encumbrances
3 As to fitness/merchantability
When implied warranty not applicable
1 “As is & where is” sale
2 Sale of 2nd hand art.
3 Sale by virtue of authority in fact/law
Art. 1548 Essential elements of the warranty against
eviction:
1 vendee is deprived in whole/in part of the thing
2 he is deprived by virtue of a final judgment
3 judgment is based on a right prior to the sale/an act
imputable to the vendor
4 he was summoned in the suit for eviction at the
instance of the vendees
4 there is no waiver on the part of the vendee
Art. 1554 Kinds of waiver of eviction
1 Consciente
2 Intencionada
Art. 1555 Rights & liabilities in case eviction occur:
1 Return of value of thing (vendor-vendee)
2 Income or fruits of the things (vendee – party)
3 Costs of the suit (vendor – vendee)
4 Expenses of the contract (vendor – vendee)
5 Damages & Interest (vendor – vendee; if in bad faith)
Art. 1561. Requisites for warranty against hidden
defects:
1 defect must be important/serious
2 hidden
3 exist at the time of the sale
4 vendee must give notice of the defect to the vendor
w/in reasonable time
5 actions for rescission/reduction of the price must be
brought w/in 6 mos. from the delivery
6 no waiver of warranty by the vendee
Art. 1562 Implied warranties of quality:
1 Fitness
2 Merchantability
Art. 1582 Principal obligations of vendee:
1 to accept the delivery
2 to pay the price of the thing sold
Art. 1585 Modes of manifesting acceptance:
1 Express
2 Implied
Art. 1594 Actions available for breach of contract of
sale:
1 S – payment of the price
2 S – damages for non-acceptance of goods
3 S – rescission of the contract
4 B – specific performance
5 B – rescission/damages for breach of warranty
Art. 1600 Causes for extinguishment of sale:
1 Common
2 Special
3 Extra-special