Essentialia of the Contract of Sale: Chapter 8 Flashcards
(33 cards)
What are the essentialia of a contract of sale?
The nature of the contract, the thing sold, and the purchase price.
What is required for a contract of sale to exist?
Consensus between the seller and buyer on the essentialia and an intention to buy and sell.
What happens if the parties pretend to conclude a sale but intend something else (e.g., donation)?
Courts give effect to the true intention, not the pretence.
What is the aim of the contract of sale for the buyer?
To obtain undisturbed use, enjoyment, and ownership of the thing sold.
Is there a valid contract if the seller has no right to sell the item (e.g., a stolen item)?
No, the contract is null and void due to juridical impossibility (illegality).
What must be agreed upon for a valid contract regarding the thing sold?
The thing must be determined or determinable at the time of contract conclusion.
What happens if the thing is described too vaguely?
The contract is null and void.
What kinds of things can be sold?
Movable or immovable, material or immaterial, but they must be merchantable.
Can legally prohibited things be sold?
No, e.g., agricultural land cannot be sold without ministerial consent.
What is the Trego prohibition?
The seller of goodwill cannot canvass old clients even after a restraint of trade expires.
What is sectional property under the Sectional Titles Act?
A unit plus joint ownership in common property, possibly with exclusive use rights.
What is timeshare property under the Timeshare Control Act?
A personal or real right to use a property exclusively based on a time schedule.
What are future things in a contract of sale?
Things determined by future events or specifications, e.g., crops or generic goods.
What is emptio rei speratae?
Sale of expected future goods (e.g., crops) only if they materialize.
What is emptio spei?
Sale for a lump sum regardless of whether the goods materialize (aleatory sale).
What are Consumer Protection Act requirements for future things?
They must correspond in material respects to their description or sample.
Can a seller sell a thing they do not own?
Yes, but they must deliver undisturbed use of their rights. It’s still valid unless fraud occurs.
What action can the true owner take against a good faith buyer?
Use the rei vindicatio if the thing still exists.
What does nemo plus iuris mean?
No one can transfer more rights than they possess.
Can a good faith buyer be held liable if they made recovery impossible?
Yes, for the value of the property.
When is the true owner barred from reclaiming their property?
Estoppel, court order sales, curator sales in insolvency, lien or tacit hypothec, or where a factor sells without authority.
What is res litigiosa?
Property under pending litigation.
When does property become res litigiosa?
Once summons is served.
Can a second purchaser of res litigiosa acquire enforceable rights?
No, the first purchaser’s rights prevail regardless of good or bad faith.
