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    Sales Class Outline

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    jbjacildo
    This document outlines the key elements of Philippine law on sales. It discusses the definition of a sale contract and how it differs from similar agreements. It also examines the parties that can enter into a sale contract, exceptions, and cases related to parties. Furthermore, it defines the subject matter of a sale, including existing, future or contingent goods, lawful items, and the seller's obligation to transfer ownership. The document analyzes requirements for the subject matter and cases dealing with the subject's legality or determinacy.

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    Sales Class Outline

    Uploaded by

    jbjacildo
    32 views2 pages
    This document outlines the key elements of Philippine law on sales. It discusses the definition of a sale contract and how it differs from similar agreements. It also examines the parties that can enter into a sale contract, exceptions, and cases related to parties. Furthermore, it defines the subject matter of a sale, including existing, future or contingent goods, lawful items, and the seller's obligation to transfer ownership. The document analyzes requirements for the subject matter and cases dealing with the subject's legality or determinacy.

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    an outline on sales topics

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    This document outlines the key elements of Philippine law on sales. It discusses the definition of a sale contract and how it differs from similar agreements. It also examines the parties that can enter into a sale contract, exceptions, and cases related to parties. Furthermore, it defines the subject matter of a sale, including existing, future or contingent goods, lawful items, and the seller's obligation to transfer ownership. The document analyzes requirements for the subject matter and cases dealing with the subject's legality or determinacy.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    32 views2 pages

    Sales Class Outline

    Uploaded by

    jbjacildo
    This document outlines the key elements of Philippine law on sales. It discusses the definition of a sale contract and how it differs from similar agreements. It also examines the parties that can enter into a sale contract, exceptions, and cases related to parties. Furthermore, it defines the subject matter of a sale, including existing, future or contingent goods, lawful items, and the seller's obligation to transfer ownership. The document analyzes requirements for the subject matter and cases dealing with the subject's legality or determinacy.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    LAW ON SALES

    I. Nature of sale
    1. Definition
    i. Elements
    ii. Stages in a contract of sale
    iii. Creation of real obligations “to give”
    iv. Essential characteristics of sale
    2. Sale distinguished from similar contracts
    i. vs. donation
    ii. vs. barter
    iii. vs. contract for piece of work
    iv. vs. agency to sell
    v. vs. dacion en pago
    vi. vs. lease
    3. Related cases:
    - Dantis v. Maghinang, Jr, GR 191696, 10 April 2013
    - First Optima Realty Corporation v. Securitron Security Services Inc., GR
    199648, 28 January 2015
    - Baladad v. Rublico, G.R. No. 160743, August 4, 2009
    - NHA v. Grace Baptist Church, G.R. No. 156437, March 1, 2004
    - San Lorenzo Dev. Corp. v. CA, G.R. No. 124242, January 21, 2005
    - Engineering & Machinery Corp. v. CA, G.R. No. 52267, January 24, 1996
    - Victorias Milling Co., Inc. v. CA, G.R. No. 117356, June 19, 2000
    - Lo v. KJS EcoFormwork System Phil., Inc., G.R. No. 149420, October 8, 2003
    II. Parties to a contract of sale
    1. General rule
    2. Exceptions
    i. Minors, insane and demented person, deaf-mutes
    a. Necessaries
    b. Senile and elderly and illiterates
    ii. By and between spouses
    a. Contracts with third parties
    b. Between spouses
    iii. Others relatively disqualified
    a. Guardians, agents and administrators
    b. Attorneys
    c. Judges
    3. Relevant cases
    - Paragas v. Heirs of Dominador Balacano, G.R. No. 168220. August 31, 2005
    - Calimlim-Canullas v. Fortun, G.R. No. L-57499, June 22, 1984
    - Modina v. CA, G.R. No. 109355 October 29, 1999
    - Fabillo v. IAC, G.R. No. L-68838 March 11, 1991
    III. Subject matter of sale
    1. Existing, future, or contingent
    i. Emptio rei speratae
    ii. Emptio spei
    iii. Subject to resolutory condition
    2. Licit
    3. Determinate or at least determinable
    i. Generic things may be the object of sale
    ii. Undivided interest or undivided share in a mass of fungible goods
    iii. Determining exact quantity of goods, not essential for perfection
    4. Seller’s obligation to transfer title to buyer
    i. Ownership need not exist at the time of perfection
    ii. Subsequent acquisition of title by non-owner seller
    iii. Acquisition by the buyer may depend on contingency
    5. Illegality of the subject matter
    6. Relevant cases
    1. Pineda v. CA, G.R. No. 114172 August 25, 2003
    2. Melliza v. City of Iloilo, G.R. No. L-24732 April 30, 1968
    3. Atilano v. Atilano, G.R. No. L-22487 May 21, 1969
    4. Carabeo v. Dingco, G.R. No. 190823 April 4, 2011
    5. NGA v. IAC, G.R. No. 74470 March 8, 1989
    6. Alcantara-Daus v. de Leon, G.R. No. 149750 June 16, 2003

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