True or False number of such units; the vendor must

deliver the entire property agreed upon.

The vendor’s obligation in a contract of
sale with a term or period *where entire area could not be
delivered – if all stipulated was not
1. Transfer ownership
delivered, the cause (object) is not
2. Deliver the thing
delivered; vendee is entitled to rescind
3. To warrant against eviction and
it; or enforce the contract with the
hidden defects
corresponding decrease in price.
4. Take care of the thing, pending
delivery, with proper diligence Sale of a real estate for a lump sum
5. Pay for the expenses for the
Art. 1542. There shall be no increase or
execution and registration of the
decrease of the price if the real estate
deed of sale
was sold for lump sum. Same rule when
Sale on credit two or more immovables are sold for a
single price; but if the vendor shall be
bound to deliver all that is included
within said boundaries, even when it
exceeds the area or number specified in
Rules on loss pending delivery of a thing the contract; and if not, he shall suffer a
in a contract of sale reduction in the price, proportionate to
*loss before perfection – the seller bears what is lacking, unless the contract is
the lost rescinded.

*loss at the time of the perfection – Prescriptive period in cases of

contract is void/inexistent rescission

*lost after perfection (before delivery) – *6 months from delivery of the thing
buyer bears the lost (as exemption to *within 40 days in case of the delivery of
the rule of res perit domino) an animal
*lost after delivery – buyer bears the risk Warranty against hidden defects
of loss
Requisites:
*thing entirely lost – contract is void and
inexistent 1. Defect must be important or
serious
*thing only partially lost – vendee may 2. Must be hidden
withdraw or pay the proportionate price. 3. Must exist at the time of the sale
Study well sale of a real estate in area 4. Vendee must give notice of the
per unit measure defect to the vendor within a
reasonable time
*Article 1539 5. Actions for rescission or reduction
*entire area stated in contract must be of the price must be brought
delivered – cause of the contract is the within the proper period
 6. Must be no waiver of warranty by 3. Bear the expenses and
the vendee registration of the sale, if such is
the stipulation.
An expression of an opinion in relation
to warranty Goods, property, immovables and
movables
*no matter how positively asserted, does
not import a warranty unless the seller is
an expert and the opinion was relied
Equitable mortgage
upon by the buyer
*one which lacks the proper formalities,
form or words or other requisites
Identification prescribed by the law for a mortgage,
but shows the intention of the parties to
Modes of acquiring ownership
make the property subject of the
(not sure kung yung mga donation contract as security for a debt and
chuchu or yung mga tradition) contains nothing impossible or contrary
to law.
Eviction
Pre-emption
*judicial process whereby the vendee is
deprived of the whole or part of the thing *act or right of purchasing before others.
purchased. It is exercised before the sale or resale
against the would – be - vendor
Final judgment
Redemption
*mode of extinguishment wherein the
Adjoining owners vs. co-owners in seller has the right to redeem or
redemption and pre redemption repurchase the thing sold upon return of
Art.1621-22 p 205 the price paid

Redhibitory defect Pacto de retro sales

*a defect in the article sold against *sales with a right of repurchase; price
which defect the seller is bound to usually is less than in absolute sales.
warrant
Action quanti minoris
Enumeration
*proportionate reduction of price
When equitable mortgage exist
Obligations of a vendee
1. Price of a sale with right to
1. Accept the delivery repurchase is unusually
2. Pay the price of the thing sold inadequate
2. Vendor remains in possession as
lessee or otherwise
 3. Upon or after the expiration of the Obligations of a vendee
right to repurchase another
1. Accept the delivery
instrument extending the period
2. Pay the price of the thing sold
of redemption or granting a new
3. Bear the expenses and
period is executed
registration of the sale, if such is
4. Purchaser retains for himself a
the stipulation
part of the purchase price
5. Vendor binds himself to pay the Common modes of extinguishing a
taxes on the thing sold contract of sale
6. In any other cases where it may
be fairly inferred that the real 1. Common or those causes which
intention of the parties is that the are also the means of
transaction shall secure the extinguishing all other contracts
payment of a debt or the 2. Special or those causes which
performance of any other are recognized by the law of
obligation sales
3. Extra – special or those causes
Actions for breach of contract in sale of which are given special
goods discussion by the Civil Code and
these are conventional
1. Action by the seller for payment
redemption and legal redemption
of the price
2. Action by the seller for damages Rights of a vendee against a vendor
for non – acceptance of the when eviction occurs
goods
3. Action by the seller for rescission 1. Return of the value of the thing
of the contract 2. Income or fruits of thing, if he has
4. Action by the buyer for specific been ordered to deliver them to
performance the party who won the suit
5. Action by the buyer for rescission 3. Cost of the suit, which caused the
or damages for breach of eviction, and in proper case,
warranty those of the suit brought against
the vendor warranty
When is a vendee liable to pay interest 4. Expenses of the contract, if the
from the period between delivery and vendee has paid them
payment of the price? 5. Damages and interests, and
ornamental expenses, if the sale
1. Should it have been so stipulated
was made in bad faith
2. Should the thing sold and
delivered produce fruits or Elements of a warranty against eviction
income
3. Should he be in default, from the 1. Vendee is deprived in whole or in
time of judicial or extrajudicial part of the thing purchased
demand for the payment of the 2. He is so deprived by virtue of a
price final judgment
 3. The judgment is based on a right
prior to the sale or an act
imputable to the vendor
4. The vendor was summoned in
the suit for eviction at the
instance of the vendee
5. There is no waiver on the part of
the vendee

Essay
Study 1539
*about sale of real estate by unit of
measure or number
Study legal redemption in 1619
Legal redemption is the right to be
subrogated, upon the same terms and
conditions stipulated in the contract, in
the place of one who acquires a thing by
purchase or dation in payment, or by
any other transaction whereby
ownership is transmitted by onerous
title.
1542
*about sale of estate made for a lump
sum
1458. By the contract of sale on one of
the contracting parties obligates himself
to transfer the ownership of and to
deliver a determinate thing, and the
other to pay therefore a price certain in
money or its equivalent.
A contract of sale may be
absolute or conditional.