A.

Conventional redemption - Redemption that takes place when the vendor reserves
the right to repurchase the thing sold, with the obligation to return to the vendee the price of
the sale, and, in addition, the expenses of the contract and any other legitimate payments
made by reason of the sale as well as the necessary and useful expenses made on the thing
sold, and with other stipulations which may have been agreed upon.

B. Rescission of contract - A contract validly agreed upon because all the essential
requisites are present, but by reason of injury or damage to one of the parties or even to a
third person, the contract may be rescinded.
C. Subrogation - The transfer of all the rights of the creditor to a third person, who
substitutes him in all his rights. It may either be legal or conventional.
D. Double Sale - There is double sale when the same object of the sale is sold to different vendees.
Note: Requisites:
1. Same subject matter
2. Same immediate seller
3. Two or more different buyers
4. Both sales are valid

E. Right of pre-emption - it is directed against the prospective vendor who is about to

resell the property. The effect is to prevent the birth of a contract.
F. Equitable Mortgage - One where the intention of the parties is simply a security for the
fulfillment of an obligation, but lacks the formalities of a mortgage.
G. Implied Warranty deemed included in all contracts of sale whether parties are
actually aware or not, whether they are intended or not by operation of law
H. Pacto de Retro Sale - A sale with right of repurchase within a certain period of time.
J. Emptio Rei Sperati - Sale of things having a potential existence. 1461 things having a
potential existence may be the object of the contract of sale
K. Illicit by accidens

1. The warranties made by a person indorsing a negotiable document of title:

a. if the obligation of either party is subject to any condition and such condition in not
fulfilled - such party may either (1) refuse to proceed with the contract, or (2) proceed with
the contract, waiving the performance of the condition.
b. if the condition is in the nature of a promise that it should happen - the non-performance
of such condition may be treated by the other party as a breach of warranty.
c. implied warranty as to sellers title that the seller guarantees that he has a right to sell
the thing sold and to transfer ownership to the buyer who shall not be disturbed in his legal
and peaceful possession.

d. implied warranty against hidden defects or unknown encumbrance that the seller
guarantees that the thing sold is reasonably fit for the known particular purpose for which it
was acquired by the buyer or, where it was bought by description that it is merchantable
quality.
2. The circumstances indicating that a deed of sale with the right to repurchase is
actually an equitable mortgage: IPERTI
a. when the price of a sale with the right to repurchase is unusually INADEQUATE
b. when the seller remains in POSSESSION as lessee or otherwise
c. when upon or after expiration of the right to repurchase another instrument EXTENDING
the period of redemption or granting new period is executed
d. when the BUYER retains for himself a part of the purchase price
e. when the vendor binds himself to pay TAXES on the thing sold
f. in any other case where it may be fairly inferred the real INTENTION of the parties is to
secure the payment of a debt or performance of other obligation
3. Persons who are relatively incapacitated from purchasing properties WAGEJ
a. husband and Wife except when the separation of property was agreed upon in the
marriage settlements or when there has been a judicial separation of property
c. Agents as to the property whose administration or sale has been entrusted to them,
unless consent of the principal is given
b. Guardian as to the property of his ward
e. Executors or administrators as to the state under administration
f. Judges and government experts who take part in the sale of property under litigation
4. Rule in case the subject matter of a sale gets lost, deteriorates or improves
after perfection but before delivery
a. if the thing is lost w/o the fault of the debtor, the obligation shall be extinguished
b. if the thing is lost through the fault of the debtor, he shall be obliged to pay damages
c. when the thing deteriorates w/o the fault of the debtor, the impairment is to be borne by
the creditor.
d. if it deteriorates through the fault of the debtor, the creditor may choose b/n rescission of
the obligation and its fulfillment w/ indemnity for damages in either case
e. if the thing is improved by its nature or by time, the improvement shall inure to the
benefit of the creditor

g. if it is improved at the expense if the debtor, he shall gave no other right than that
granted to the usufructuary