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Article 1318. There is no contract unless the (1) Consensual perfected by mere consent without
following requisites concur: any further act.
(1) Consent of the contracting parties;
(2) Object certain which is the subject matter of (2) Bilateral both contracting parties are bound to
the contract; [and] fulfill obligations reciprocally towards each other
(3) Cause of the obligation which is established. the seller, to deliver and transfer ownership of
(1261) the thing sold and the buyer, to pay the price.
(see notes under Art. 1458 in application to Sales) It gives rise to reciprocal obligations between
seller and buyer, since each party assumes
Form of contracts obligations conditioned upon those of the other,
and the obligation of both are derived from a
Article 1356. Contracts shall be obligatory, in common origin the perfected contract. (5
whatever form they may have been entered into, Tolentino 1 citing Ramirez v. Court of Appeals, 52
provided all the essential requisites for their validity O.G. 779)
are present. However, when the law requires that a
contract be in some form in order that it may be valid (3) Onerous the thing sold is conveyed in
or enforceable, or that a contract be proved in a consideration of the price and vice versa.
certain way, that requirement is absolute and
(4) Commutative the thing sold is considered the
indispensable. In such cases, the right of the parties
equivalent of the price paid and By an aleatory
stated in the following article cannot be exercised.
vice versa.
(1278a)
INTRODUCTION TO SALES
2
However, the contract may be aleatory as in acceptance must be affirmatively and clearly
the case of emptio spei (sale of hope), e.g., made and must be evidenced by some acts or
sweepstakes ticket. conduct communicated to the offeror, it may
be made either in a formal or an informal
By an aleatory contract, one of the parties manner, and may be shown by acts, conduct,
or both reciprocally bind themselves to give or words of the accepting party that clearly
or to do something in consideration of what manifest a present intention or
the other shall give or do upon the happening determination to accept the offer to buy or
of an event which is uncertain, or which is to sell. Thus, acceptance may be shown by the
occur at an indeterminate time. (Art. 2010) acts, conduct, or words of a party recognizing
the existence of the contract of sale. (Robern
(5) Nominate the contract is given a Development Corporation v. People's Landless
designation in the Civil Code, namely Sale. Association, G.R. No. 173622, 11 March 2013)
For instance, the acceptance of payment by
(6) Principal it does not depend for its the seller is an indication of his consent to a
existence and validity upon another contract. contract of sale.
(H. De Leon, The Law on Sales, Agency and
Credit Transactions [2010], pp. 1-2) However, there may be a sale against the
will of the owner as in the case of
Essential requisites of contact as applied to expropriation of property, execution sale to
Sales enforce a judgment of a court, and
foreclosure sale of mortgage or pledged
(1) Consent refers to the consent on the part of property.
the seller or vendor to transfer and deliver on
the and on the part of the buyer or vendee to (2) Object refers to the determinate thing
pay (Art. 1458) which is the object of the contract (Art. 1458)
Nabus v. Pacsan,
G.R. No. 161318, 25 November 2009.
Reyes v. Tuparan,
G.R. No. 188064, 1 June 2011.