Lawonsales

ARTICLE 1458 (ASSIGNMENT)
1. Differentiate contract to sell and contract of sale.

A contract of sale is a consensual contract which means
there must have a meeting of minds. This contract can be perfected by a
mere consent. They are tied and bound to each other when the meeting of
minds happened. The transfer of ownership in this contract can be
immediately transferred to the vendee when the object has been delivered.
The contract to sell is different from the contract of sale. In a sense in which
the contract to sell does not have a consent between the agreeing parties.
It lacks the first essential element of the contract of sale. The vendor does
not yet allow to transfer and deliver the ownership and the object to the
vendee, which means that the vendor has not yet agreed or give consent
until the vendee do first its obligation, which is paying the price in full.
2. What is simulated contract?

A simulated contract is a fictitious contract that makes the
contract look real even though its existence is completely void. The
contracting parties does not have an intention to perform their respective
obligations, making the ‘consideration’ of the contract fail to exist. The lack
of consideration prevents the existence of a valid contract.
3. What are the contracts need to be in writing?

The contracts that need to be in writing are Sale of Property,
Sale of personal property at a price not less than 500 pesos, and Sale of
property not to be performed within a year from the date thereof. These
contracts need to be in writing to be enforceable under the Statute of
Fraud.
ARTICLE 1495-1515
1. What is the purpose of delivery?
The purpose of delivery is to make the transfer of ownership official. The buyer transfers the
title to the seller. Delivery is made so that the new owner of the determinate thing has the
official right of the said object. The seller now has the real right when the delivery has been
made.
2. When is the thing sold considered to have been delivered?
The thing sold considered to have been delivered when the thing sold is now in the hands of
the vendee. The vendee has the control and possession of the thing. This is called the real or
actual delivery.
3. When the vendor fails to deliver, does it affect the validity of the contract of sale?
No, because anything that will happen in the perfection and consummation stage will not affect
the contract of sale.
4. A sold his car to B. they agreed for the car to be delivered on February 14, 2023 at the
Maasin City Plaza. On the said date, B came with the payment of P500,000 but A failed to
come. What is the effect of the absence of A on B's obligation to pay the car?
The obligation of B will be cancelled because A did not perform his obligation. The contracting
parties are bound by their obligations and dependent to each other. So B cannot perform his
obligation if A can’t.
5. A bought an ipad from B for P15,000 to be delivered on January 31, 2023. On January 25,
2023, a flash flood damaged the ipad beyond repair. what would be the effect of this on the
contract between A and B?
The buyer is responsible for the loss of the thing. If the object was lost after perfection but
before delivery, the buyer bears the loss. It was said that the ipad was damaged on January 25,
2023. It is the date before the date of the delivery.
ARTICLE 1526-1544
1. What is the difference in the remedies of an unpaid seller of possessory
lien and stoppage in transitu?
The difference between the remedies of an unpaid seller of possessory lien and
stoppage in transitu is the unpaid seller who has a possessory lien has the legal
right or claim over the said object until payment or tender of the price even though
the seller has no longer have an ownership over the thing, while the unpaid seller
who has a stoppage in transitu has a right to stop the goods when they are in transit
after he parted possession with the goods. The seller has a right to continue
possessing the goods at any time while it was on transit and have the same rights
like he had never let go of the possession of the things.
2. A bought 200 sacks of rice from B who is based in Cebu. B shipped the
goods to J Shipping. When the goods arrived in Maasin, J Shipping
wrongfully refused to deliver the goods to A. Are the goods still considered
in transit? Explain.
No, the goods are no longer in transit. The transit is deemed to be at an end. The
wrongfully refuses of the carrier or other bailee means that it was a breach of
contract and it ends with a bad faith. The goods can no longer be delivered to the
buyer, as it refuses the delivery of it.
3. Differentiate accessions to accessories.

Accessions are things in obligations that are naturally or artificially attached to the
object of the obligation. The fruit of the object, its addition and its perfect pair. The
things that were produced of the object of the obligations will be automatically
handed to the owner. The owner of the thing becomes the owner of everything.
While the accessories are a thing which is significant to the existence of the object of
the obligation. Accessories are not attached to the object of the obligations, instead
it is used to perfect the said object.
4. S sold a parcel of land with an area of 1,000 square meter for a total price of
P 1,000,000. Upon the actual survey of the land and after the sale was
executed, it was found out that the actual area of the land sold was only
900 square meters. In this case, can B demand for the delivery of the
additional 100 square meters or reduction of the price? Explain.
No, B cannot demand a reduction of a price because in the sale of a real estate, it is
made for a lump sum, even though in the contract it was said that 1000 square
meters were needed to be delivered. B cannot decrease the price even though the
area that was been delivered is lesser than the agreed area, unless B bought two or
more immovables for a single price. It was not stated in the agreement that B and S
agreed on a sale at a rate of a certain price per unit of measure. It was only stated
an exact 1,000 sq meters for exactly 1,000,000 pesos.
5. when is there double sale.
There is a double sale if there has a two or more contract of sale; two or more
buyers who are at odds over the rightful ownership of the object must represent
conflicting interest; they must pertain exactly to the same object; and they must be
bought from the same seller. The two or more buyers who disagree about who owns
should have a argumentable stand and each should have the same object and the
same seller.
ARTICLE 1600-1623
1. What is an equitable mortgage?

An equitable mortgage is somehow a collateral, whenever one party has a debt to
another party. It is used as a security for debt and performance of any other
obligation. It is usually has an inadequate price and a right to repurchase. It is not
a contract of sale. Even though it lacks of formality, it reveals the intention of one
party to another party.
2. S sold his house to B with a right to repurchase

a. May B lease the property knowing that S will certainly exercise his
right of redemption?
No, B cannot lease the property to a third person, especially when there is a right
to repurchase. B is only a temporary owner of the said property until the
resolutory condition has been fulfilled. Whether there has been a right to
repurchase or has no right to repurchase, a vendor may bring an action against to
the third party whose right is derived from the vendee.
3. A, B, C and D are co-owners of a parcel of land sold to E with a right to

repurchase. May E require all of them to repurchase the whole property
instead of partial repurchase by each of them as regards his own share?
Yes, E can require all of them to repurchase the whole property. All of them
agreed and decided to sell it to E with a right to repurchase. But if one of the co-
owners wants to exercise his right to repurchase, he can only repurchase his
share and not the whole property. Only E can demand to repurchase the whole
property to A, B, C and D. And if they fail to do so, B cannot compelled to consent
to a partial redemption unless the selling was made separately.

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ARTICLE 1458 (ASSIGNMENT)

1. Differentiate contract to sell and contract of sale.

2. What is simulated contract?

3. What are the contracts need to be in writing?

3. Differentiate accessions to accessories.

1. What is an equitable mortgage?

2. S sold his house to B with a right to repurchase

3. A, B, C and D are co-owners of a parcel of land sold to E with a right to

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