CHAPTER 1 NATURE AND FORM OF THE CONTRACT
Prohibition Extends to Sales in Legal
1458. Concept of Contract of Sale
1459. Requisites Concerning Object
1460. When Thing Determinate
1461. Sale of Things Having Potential Existence and
Mere Hope or Expectancy
1462. Goods Which May Be The Object of Sale
1463. Sale of an Undivided Interest
1464. Sale of an Undivided Share of a Specific Mass
1465. Sale of Things Subject to a Resolutory Condition
1466. Sale Distinguished from an Agency to Sell
1467. Sale Distinguished from Contract for a Piece of
Work
1468. Sale Distinguished from Barter
1469. When Price Considered Certain
1470. Effect of Gross Inadequacy of Price in Voluntary
Sale (what about involuntary sale)
1471. Effect Where Price is Simulated
1472. Price on a Given Day or At a Particular Market
1473. Fixing of Price By One of the Contracting Parties
Not Allowed
1474. Effect of Failure to Determine Price
1475. Stages of a Contract of Sale
1476. Rules Governing Auction Sales
1477. Ownership Transferred by Delivery
(1497)(1498-1501)
1478. Contract to Sell (1503)
1479. Kinds of Promise
1480. Risk of Loss or Deterioration (1493)
1481. Sale of Goods by Description and/or Sample
1482. Meaning of Earnest Money
1483. Form of Contract of Sale
1484. Remedies of Vendor in Sale of Personal
Property Payable in Installments
1485. Lease of Personal Property with Option to Buy
1486. Stipulation Authorizing Forfeiture of
Installments or Rents Paid
1487. Expenses for Execution and Registration
1488. Expropriation of Property for Public Use
CHAPTER 2 CAPACITY TO BUY AND SELL
1489. Persons Who May Enter Into a Contract of Sale
(1490-1491)
1490. Relative Incapacity of Husband and Wife
1491. Incapacity By Reason of Relation to Property
1492.
Redemption, Compromises, and Renunciation
CHAPTER 3 EFFECT OF THE CONTRACT WHEN THE
THING SOLD HAS BEEN LOST
1493. Effect of Loss of the (Specific) Thing at the Time
of Sale (1480 and 1504)
1494. Effect of Loss in Case of Specific Goods
CHAPTER 4 OBLIGATIONS OF THE VENDOR
Section 1 – General Provisions
1495. Principal Obligations of Vendor
1496. Transfer of Ownership Effected by Delivery
Section 2 – Delivery of the Thing Sold
1497. Actual Delivery of the Thing Sold
1498. Execution of a Public Instrument or Document;
Symbolical Tradition
1499. Traditio Longa Manu; Traditio Brevi Manu
1500. Tradition Constitutum Possessorium
1501. Quasi – Traditio
1502. Sale or Return; Sale on Trial
1503. Sale of Specific Goods (1496; 1523)
A. Contrary Stipulation
B. Seller or Agent is Consignee
C. Buyer is the Consignee but Seller Retains the Bill
of Lading
D. Bill of Lading Sent Forward with Draft Attached;
Delivery Conditional
1504. Risk of Loss Generally Attends Title
1505. Sale by Person Not the Owner; Exceptions
1506. Sale by one Having a Voidable Title (Art 559)
1507. Nature and Function of a Document of Title
1508. Negotiation of Negotiable Document by
Delivery
1509. Negotiation of Negotiable Instrument by
Indorsement
1510. Negotiable Document of Title Marked “Non-
Negotiable”
1511. Transfer of Non-negotiable Documents (1514)
1512. Persons Who May Negotiate a Document
(1518)
1513. Rights of Person To Whom the Documents Have
Been Negotiated
1514. Rights of the Person to Whom Document Has
Been Transferred
1515. Transfer of Order Document Without
Indorsement
1516. Warranties on Sale of Documents
1517. Indorser not a Guarantor
1518. When Negotiation Not Impaired By Breach of
Duty, Loss, Theft Fraud, Accident, Mistake, Duress,
or Conversion (Theft of Doc vs Theft of Goods
1512x1506)
1519. Attachment or Levy Upon Goods Covered by a
Negotiable Document
1520. Creditor’s Remedies To Reach Negotiable
Documents
1521. Place of Delivery of Goods Sold
Time of Delivery of Goods Sold
Delivery of Goods in Possession of a 3rd Person
Hour of Delivery of Goods Sold
Duty of Seller to Put Goods in Deliverable State
1522. Delivery of Goods Less than Quantity
Contracted
Delivery of Goods More than Quantity Contracted
Delivery of Goods Mixed with Others
Effect of Indivisibility of the Subject Matter
Rules may be Controlled by Usage of Trade, Special
Agreement, or Course of Dealing
1523. Delivery to the Carrier on Behalf of the Buyer
(1503 1st,2nd,3rd par.)
Seller’s Duty After Delivery to Carrier
1524. Delivery Simultaneous with Payment
1525. Meaning of Unpaid Seller
Meaning of term “Seller”(1525-1535)
1526. Rules of an Unpaid Seller (1595)
1527. When U.S. Possessory Lien May Be Exercised
(1524)
1528. Lien Not Generally Lost by Part Delivery
1529. When Unpaid Seller Loses Possessory Lien
1530. Right of the Seller to Stop Goods In Transitu
1531. When Goods in Transit
When Goods Considered No Longer in Transit
Effect of Partial Delivery
1532. Ways of Exercising the Right to Stop (1519;
1518x1535 par. 2)
1533. When Resale Is Allowable
Notice of Resale is Not Essential
1534. When U.S. May Rescind
1535. Effect of Sale of Goods Subject to Lien or
Stoppage in Transitu
1536. Right of Vendor to Withhold Delivery in Sale on
Credit (1198) (1527(1);1524)
1537. Condition of the Thing to be Delivered
Right of the Vendee to Fruits
1538. Rules in Case of Loss, Deterioration or
Improvements of the Thing Before Delivery (1189)
1539. Sale of Real Property by Unit of Measure or
Number
1540. Where Immovable of Greater Area or Number
(1522 Par. 2)
1541. Rules in 1539 &1540 Applicable to Judicial Sales
1542. Sale of Real Estate Made for a Lump Sum; When
2 or more Immovable Sold for a Single Price
1543. Prescription of Actions Arising From Arts 1539
to 1542
1544. Preference of Ownership In Case of Double Sale
(Movable vs Immovable)
Section 3 – Conditions and Warranties
1545. Effect of Non-fulfillment of Condition (1458)
1546. Effect of Express Warranty
1547. Implied Warranties in Sales
Subsection 1 – warranty in case of eviction
1548. Meaning of Eviction (1553)
1549. Vendee Has No Duty to Appeal from Judgment
1550. Effect of Prescription
1551. Deprivation for Nonpayment of Taxes
1552. Liability of Judgment Debtor
1553. Stipulation Waiving Warranty
1554. Kinds of Waiver of Eviction (Total)
1555. Rights and Liabilities In Case Eviction Occurs
(1487)
1556. Alternative Rights of Vendee In Case of Partial
Eviction
1557. Final Judgment of Eviction Essential
1558. Formal Summons to Vendor Essential
1559. Vendor to be Made Co-defendant
1560. Rights of Vendee Where Immovable Sold
Encumbered with Non-Apparent Servitude
Subsection 2 – warranty against hidden defects of or
encumbrances upon the thing sold
1561. When Vendor is Responsible For Warranty 1589. Liability of Vendee for Interest Where Payment
Against Hidden Defects Made After Delivery
1562. Implied Warranties of Quality 1590. When Vendee Can Suspend Payment of Price
Implied Warranty of Fitness (1560)
Implied Warranty of Merchantibility 1591. When Vendor May Rescind Sale of Immovable
1563. Sale Under a Patent or Trade Name (Goodwill) Property
1564. Effect of Usage of Trade 1592. Where Automatic Rescission of Sale of
1565. Merchantability of Goods Sold by Sample (1481) Immovable Property Stipulated
1566. Effect of Ignorance of Vendor of Hidden Defects 1593. Where Automatic Rescission of Movable
(Caveat Vendor) (1548) Property Stipulated
1567. Alternative Remedies of Buyer To Enforce
Warranty (1561,62,64,65,66) CHAPTER 6 ACTIONS FOR BREACH OF CONTRACT OF
1568. Effect of Lost of Thing Sold on Account of SALE OF GOODS
Hidden Defects 1594. Governing Provisions for Action for Breach of
1569. Effect of Loss of Defective Thing Sold Sale of Goods
1570. Warranty In Case of Judicial Sales 1595. Seller’s Right of Action for Price (15961st par)
1571. Limitation of Action (1567) 1596. Seller’s Right of Action for Damages
1572. Sale of Two or More Animals Together 1597. Seller’s Right of Rescission Before Delivery
1573. Sale of Two or More Things Together 1598. Buyer’s Right to Specific Performance
1574. Sale of Animals at Fairs or at Public Auctions or 1599. Remedies of the Buyer for Breach of Warranty
As Condemned (1570) By Seller
1575. When Sale of Animals Void When Rescission by the Buyer Not Allowed
1576. What Constitutes Redhibitory Effect of Animals Rights and Obligations of Buyer in Case of
1577. Limitation of Action In Sale or Animals Rescission (1526)
1578. Responsibility of Vendor When Animal Dies
(1569) CHAPTER 7 EXTINGUISHMENT OF SALE
1579. Liability of Buyer in Case Sale of Animal
1600. Causes of Extinguishment:
Rescinded
1. Common: 1231 (NoCoMeRePaLoPreReFulAn)
1580. Alternative Remedies of Vendee in Sale of
2. Special:
Animals (1567)
1481
1581. Large Cattle – special laws
1532
CHAPTER 5 OBLIGATIONS OF THE VENDEE 1539
1540
1582. Principal Obligations of the Vendee 1542
1583. Rules Governing Delivery In Installments 1556
Where Separate Price Fixed For Each Installment 1560
1584. Buyer’s Right to Examine the Goods 1567
Right to Examine “On Request” 1591
Waiver of Right to Examine Before Payment 3. Extraspecial: CR;LR
(Implied)
1585. What Constitutes Acceptance Section 1 – Conventional Redemption
1586. Acceptance Not a Bar to Action for Damages
1601. When CR shall take place
1587. Where Buyer’s Refusal To Accept Justified;
1602. Equitable Mortgage Defined
Effect
1603. Presumption in Case of Doubt
1588. Effect of Buyer’s Wrongful Refusal to Accept
1604. Applicability of 1602
(1st par. 1523;1504)
1605. When Vendor May Ask For Reformation 1631. Sale of Whole of Certain Rights, Rents, or
1606. Period of Exercise of Redemption (1601) Products
1607. Necessity of Judicial Order for Recording of 1632. Liability of Vendor For Debts & Charges on
Consolidation of Ownership (1616) Estate
1608. Right to Redeem, a Real Right 1633. Legal Redemption in Sale of Credit/ Other Right
1609. Vendee, Subrogated to Vendor’s Rights in Litigation
1610. Right of Vendor’s Creditors To Redeem 1634. Exceptions to the Debtor’s Right of Legal
1611. Redemption in Sale of Part of Undivided Redemption
Immovable
1612. Redemption in Joint Sale By Co-Owners/ Co-
Heirs of Undivided Immovable
When a Person Who Sold an Immovable Has Left
Several Heirs
1613. Right of Vendee to Demand All Vendors/Co-
Heirs to Repurchase the Whole Thing Sold
1614. Redemption in Separate Sales By Co-owners of
Undivided Immovable
1615. Redemption Against Heirs of Vendee
1616. Obligation of Vendor a Retro in Case of
Redemption
1617. Rights of Parties as to Fruits of the Land
1618. Right of Vendor a Retro to Recover Thing Sold
Free of Charges

Section 2 – Legal Redemption

1619. What is Legal Redemption

1620. Right of Legal Redemption by a Co-owner
Where There are 2/more Co-owners
1621. Right of Legal Redemption of Adjacent Co-
owners of Rural Lands
1622. Right of Pre-Emption and Legal Redemption of
Adjacent Owner of Urban Land
1623. Period for Exercise of Right of Pre-
Emption/Redemption

CHAPTER 8 ASSIGNMENT OF CREDITS AND OTHER

INCORPOREAL RIGHTS

1624. How Assignment of Credit is Perfected (1475)

1625. Binding Effect of Assignment
1626. Effect of Payment of Debtor (Before vs After)
1627. Extent of Assignment of Credit
1628. Warranties of the Assignor of Credit
1629. Duration of Assignor’s Liability Where Debtor’s
Solvency Guaranteed
1630. Sale of Successional or Hereditary Rights