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Article 1459 Sales

This document discusses the requirements for a valid contract of sale under Philippine law. It states that for the object of a contract of sale to be valid it must be determinate, lawful, possible to transfer ownership of, and cannot involve the sale of services. It provides examples of things that can and cannot be the object of a sale. It also discusses the requirements that the seller must have the right to transfer ownership of the object at the time of delivery and that a contract of sale is not perfected until the parties have agreed upon both the price and determinate object being sold.

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5K views2 pages

Article 1459 Sales

This document discusses the requirements for a valid contract of sale under Philippine law. It states that for the object of a contract of sale to be valid it must be determinate, lawful, possible to transfer ownership of, and cannot involve the sale of services. It provides examples of things that can and cannot be the object of a sale. It also discusses the requirements that the seller must have the right to transfer ownership of the object at the time of delivery and that a contract of sale is not perfected until the parties have agreed upon both the price and determinate object being sold.

Uploaded by

Leoj Anule
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Article 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 for the object of the Contract of Sale

The thing or the object of the contract of sale must be determinate or capable of being determinate.
It also needs to be licit or lawful, that is, it should not be contrary to law, morals, good customs,
public order, and public policy. Third, it should not be impossible. The object of the contract must be
within the commerce of men, which means that it is legal and its ownership is transferable.

Rights that are transmissible or personal may also be the object of the contract of sale. Examples of
this is the right of usufruct.

It should be noted that services (or obligations to do) cannot be the object of a contract of sale, even
if they can be the object of a contract. (Contract for a piece of work)

Licit vs. Illicit things

Article 1459 of the Philippine Civil Code requires that the object of the contract of sale must be licit or
lawful. Illicit things are therefore things that are unlawful or illegal. Things can be illicit per se or per
accidens.

Per se is a Latin phrase which means "in itself". Things that are illicit or illegal per se are things that
are inherently unlawful. An example of this is the selling of rotten food for consumption, since it may
be the cause of food poisoning.

Per accidens is a Latin phrase which means "by chance". Things that are illicit per accidens then are
things that are illegal because of a provision that declares it unlawful. An example of this would be
the selling of jueteng tickets.

Right to transfer ownership

One can only sell what he owns. In order for the sale to be valid, the vendor must be the owner of
the object of the contract of sale (or authorized by the owner to sell the object) in order to transfer
the ownership of the thing being sold.

It should be noted however that if at the time of delivery the right to transfer the ownership exists,
then the contract is valid. This means that it is not necessary that the seller has the ownership of the
object of the contract of sale during the formation or perfection of the contract for as long as the
ownership exists during the time of delivery.

This is of course to give way for future goods or goods that depend on contingency to be the object
of the contract of sale.

Art 1460
1. When thing is Determinate
-- is particularly designated or physically segregated from all others of the same class.
-- it is a concrete , particularized object , indicated by its own individuality , such as cereal grown in a
particular area.
-- or in contract of sale of real estate , the property with its location , description and boundaries.
'
It is not required that the thing sold must be in sight at the time the contract is entered into.
It is sufficient that it is capable of being made determinate without the necessity of a new or further
agreement between the parties.
'
2. Contract of sale not perfected unless the thing is determinate.
-- one of the requisites of a valid contract of sale is that the subject matter must be determinate.
Accordingly, a contract of sale is not perfected until the parties have agreed upon not only the price
but also the thing sold.

Art. 1461
~
EMPTIO REI SPERATAE
Sale of things with potential existence
- maybe d object of the contract of sale.
There maybe a valid sale of a thing, which though not yet in existence, is reasonably cerrain to come
into existence as da natural increment or usual incident of something already in existence , & then
belonging to da vendor , & da title will vest in da buyer da moment da thing comes into existence.
~
Ex:
1.) Wine is expected to be produced by a vineyard.
2.) The future wool grown on a sheep.
3.) Milk & butter to be produced in da future from cows.
4.) The good will of trade.
~
EMPTIO SPEI
Sale of hope or expectancy
- neither da thing nor its quantity & quality are certain to exist.
~
Ex: Sale of sweepstakes or raffle ticket that is yet to be drawn.
~
If sale of da ticket is for a sweepstake or raffle that has already been drawn & da object of da sale is
a losing ticket , da sale is void as it involves da sale of vain hope or expectancy.
~
THE SALE OF VAIN HOPE OR EXPECTANCY IS VOID.
~
Emptio rei speratae vs. Emptio spei
.
Eptio rei speratae - sale of future thing
- is subject to da condition that da thing must come into existence , so dat if it does not , the sale will
not be effective for not having an object.
.
Emptio spei - sale of present thing , da hope itself.
- is effective even if da thing hoped for does not come into existence.

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