2 Buslawreg Sales Week 3-4 Edit
2 Buslawreg Sales Week 3-4 Edit
LAW ON SALES
Articles 1458-1637 of the
Civil Code of the Philippines
WEEKS 3 & 4
I. SELLER/VENDOR: RIGHTS &
OBLIGATIONS
EXCEPTIONS:
1. In a contract to sell
2. Sale on acceptance or approval
3. Sale or return
SALE OR RETURN or
SALE ON APPROVAL
SALE OR RETURN – Ownership passes to buyer upon delivery; buyer
has the option to return the same to the seller instead of paying the price
(Art. 1502)
SALE ON APPROVAL – Title shall continue in the seller until:
a. Buyer approves the goods or accepts it
b. Buyer retains goods without giving notice of rejection (fixed time,
upon its expiration; no time, upon expiration of reasonable time)
- Also called sale on acceptance, sale on trial or sale on satisfaction (1502)
DOUBLE SALES
(Art. 1544)
REQUISITES:
1. Two or more sales transactions constituting valid sales;
2. Two or more sales transactions pertaining to the same thing;
3. Two or more buyers at odds over the rightful ownership; and
4. Two or more buyers bought from the same seller
DOUBLE SALES
If the thing sold is a MOVABLE:
- The first person who took possession in good faith has a better right.
1. Any affirmation of fact or any promise by the seller relating to the thing;
2. The natural tendency of such affirmation or promise is to induce the buyer to purchase the
same
3. Buyer purchases the thing relying thereon.
- Deemed included in all contracts of sale whether parties are actually aware or not or
whether they were intended or not
- Warranty by operation of law
KINDS:
A. Warranty against Eviction
B. Warranty against Hidden Defects
C. Warranty against Redhibitory Defects
A. WARRANTY
AGAINST EVICTION
• INCLUSIONS:
1. That the seller has the right to sell at the time ownership
is to pass;
2. That the buyer shall enjoy the legal and peaceful
possession of the same
B. WARRANTY
AGAINST HIDDEN DEFECTS
1. Subject matter may be a movable or immovable;
2. Nature of hidden defect is such that it should render the thing unfit for the use for
which it was intended or should diminish its fitness;
3. Had the buyer been aware, he would not have acquired it or would have given a
lower price
1. One who has not been paid or tendered the whole price;
or
2. One who has received a bill of exchange or negotiable
instrument as conditional payment and the same was
dishonored
REMEDIES OF UNPAID SELLER
(Art. 1526)
(1) When he delivers the goods to a carrier for transmission to the buyer
without reserving the ownership in the goods or the right to the possession
thereof;
(2) When the buyer or his agent lawfully obtains possession of the goods;
(3) By waiver thereof.
2. STOPPAGE IN TRANSITU
(Art. 1530)
• When the buyer of goods is or becomes insolvent, the unpaid seller who has
parted with the possession of the goods has the right of stopping them in
transit
• Unpaid seller may resume possession of the goods at any time while they
are in transit, and he will then become entitled to the same rights in regard
to the goods as he would have had if he had never parted with the
possession.
- either by obtaining actual possession or by giving notice of his claim to the
carrier
2. STOPPAGE IN TRANSITU
(Art. 1530)
• When the buyer of goods is or becomes insolvent, the unpaid seller who has
parted with the possession of the goods has the right of stopping them in
transit
• Unpaid seller may resume possession of the goods at any time while they
are in transit, and he will then become entitled to the same rights in regard
to the goods as he would have had if he had never parted with the
possession.
- either by obtaining actual possession or by giving notice of his claim to the
carrier
GOODS IN TRANSIT
(Art. 1531)
REQUISITES:
1. Right to rescind is stipulated in case of default
2. Buyer delays in the payment of the price for an
unreasonable time
> Notice must be given by the unpaid seller