Contract of sale, defined

Article 1458. By the contract of sale one of the contracting parties obligates himself to transfer the ownership of and to deliver a determinate thing, and the other to pay therefor a price certain in money or its equivalent.

A contract of sale may be absolute or conditional.

Sale is a contract where one party (seller or vendor) obligates himself to transfer the ownership of and to deliver a determinate thing, while the other party (buyer or vendee) obligates himself to pay for said thing a price certain in money or its equivalent. (See Art. 1458, Civil Code).

QUESTION: Suppose Art. 1458 did not specify that the seller must transfer the ownership of the object, does he still have this obligation? ANSWER: Yes, for after all, this transfer of ownership is clearly the fundamental aim of the contract. A buyer is not interested in a mere physical transfer: he is after ownership. (See 3 Castan 12-13).

SOURCE: Paras (2008). CIVIL CODE of the PHILIPPINES ANNOTATED By EDGARDO L. PARAS † Litt. B., LL.B., LL.M., LL.D. Associate Justice, Supreme Court (1986-1992). 16th Edition, 2008. Volume V Articles 1458-2270 (Special Contracts).

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