You are on page 1of 2

Elements of a contract of sale 1. Essential 2. Natural 3.

Accidental Essential (or called requisites of sale Consent of the parties, freely, voluntarily and intelligently given; meeting of mind of the seller and buyer upon the subject matter or object of sale and cause or price pertain. Determinate subject matter although Natural are those which go into the existence of or naturally accompany the contract of sale ex. Warranties

Accidental refer to terms and conditions EX. Manuel agrees to sell a particular land to pedro who agrees to buy the same for 30,000 payable as indicated in a signed absolute deed of sale as follows; 10,000 as down payment on May 3, 2012; and the balance of 20,000 shall be payable in 500 monthly installment to begin on june 3 until fully paid. Contract of sale is perfected, subject matter of the sale is particular land and the cause is the price of 30,000 Even without specifying the same in the contra cod sale manuel warrants to pedro that pedro will get title free from claims of any third persons (warranty against eviction) this being the natural element of the sales contract . the manner of paying the price ( by installment) is an accidental element

Art.1459 The thing must be licit and the vendor must have a right to transfer the ownership thereof at the time it is delivered Requisites concerning the object - The thing must be licit (meaning that it be lawful within the commence of men (those public ownership) 1. Right of vendor to transfer ownership 1. One can sell only what he owns 2. Sufficient if right exist at time of delivery 3.

Intransmissible right are right to vote, right to public office, marital and parental rights,

Art 1460 A thing is determinate when it is particularly designed or physically segregated from all others of the same class The requisite that a thing be determinate is satisfied if at the time the contract is entered into

Art. 1461 potential existence Ex. 1. Sales of milk of cow may yield during the coming year 2. Sales of what may be taken at the next catch of the fishermans net 3. Fruit to grow 4. Young animals Art. 1462 future goods Ex. Enters in sales contract for 3 yrs contingency Art. 1464 Ex. Arturo owns an undetermined quatity of rice in a particular warehouse . Arturo sells to Benjamin 100 cavanes it is ascertained 300 benjamin co ownes of 1/3 if the mass contain only 90 benjamin became the whole

Ar

You might also like