lease with option to by: really a contract of sale but designated as lease

in name only; it is a safe by installments

SALES
INTRODUCTION TO SALES
1. Definition and Nature of Obligations Created (Articles 1458, 1165)

d. Agency to buy or sell ( Arts. 1868 & 1466)

Article 1868. By the contract of agency a person binds himself to render
some service or to do something in representation or on behalf of another,
with the consent or authority of the latter. (1709a)

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

Article 1466. In construing a contract containing provisions

characteristic of both the contract of sale and of the contract of agency to
sell, the essential clauses of the whole instrument shall be considered. (n)

A contract of sale may be absolute or conditional. (1445a)

Article 1165. When what is to be delivered is a determinate thing, the creditor,
in addition to the right granted him by article 1170, may compel the debtor to
make the delivery. If the thing is indeterminate or generic, he may ask that the
obligation be complied with at the expense of the debtor. If the obligor delays,
or has promised to deliver the same thing to two or more persons who do not
have the same interest, he shall be responsible for any fortuitous event until he
has effected the delivery. (1096)

Sale v. Agency to sell

in sale, buyer pays for price of object; in agency to sell, agent not
obliged to pay for price, merely obliged to deliver price received from
buyer.
in sale, buyer becomes owner of thing; in agency; principal remains
owner even if object delivered to him
in sale, seller warrants; in agency, agent assumes no risk/liability as
long as within authority given
in sale, not unilaterally revocable; in agency, may be revoked
unilaterally because fiduciary & even w/o ground
in sale, seller receives profit; in agency, agent not allowed to profit
TEST: essential clauses of whole instrument ( art 1466 motherhood
statement, not good law )
Agency is a personal contract; sale is real contract ( to give )
rescission not available in agency

Villonco Realty Company v. Bormaheco

Consent is manifested by the meeting of the offer and the acceptance upon the
thing and the cause which are to constitute the contract. The offer must be
certain and acceptance absolute. A qualified acceptance constitutes a counteroffer. However, where the changes or qualifications made by the seller on the
buyer's offer are not material or are mere clarifications of what the parties had
previously agreed upon, such changes would not prevent a perfection of the
contract.
2. Sales distinguished from other transactions
a.

e.

Donation
donation is gratuitous; sale is onerous
donation is formal contract; sale is consensual
donation is governed by law on donation; sale is governed by law on sale

Article 1638. By the contract of barter or exchange one of the parties

binds himself to give one thing in consideration of the other's promise to
give another thing. (1538a)
Article 1468. If the consideration of the contract consists partly in money,
and partly in another thing, the transaction shall be characterized by the
manifest intention of the parties. If such intention does not clearly appear,
it shall be considered a barter if the value of the thing given as a part of the
consideration exceeds the amount of the money or its equivalent;
otherwise, it is a sale. (1446a)

b. Contract for a piece of work (Art. 1713)

Article 1713. By the contract for a piece of work the contractor binds
himself to execute a piece of work for the employer, in consideration of a
certain price or compensation. The contractor may either employ only his
labor or skill, or also furnish the material. (1588a)
Contract for piece of work
test in article 1467:
a. contract for delivery of an article which the vendor in the ordinary
course of business manufactures or procures for general market (
whether on hand or not ) sale
b. goods are to be manufactured specially for a customer and upon special
order and not for the general market contract for piece of work.
jurisprudence:
a. Timing test under art 1467; Inchausti; whether the thing transferred
would have never existed but for the order contract for piece of work
(abandoned)
b. Habituality test enunciated in Celestino v CIR; contract of sale if
manufacturer engages in activity without need to employ extraordinary
skills and equipment; contract for piece of work is sale of service;
contract of sale is sale of things.
c. Nature of the object test enunciated in EEI v CIR; each products
nature of execution differs from the others; products are not ordinary
products of manufacturer.
main factor in decision of the SC: essence of why parties enter into it:
a. essence is object contract of sale
b. essence is service contract for piece of work
contracts for a piece of work, unlike contracts of sale, are not within the
Statute of Frauds
c.

Lease of things (Art. 1643)

Article 1643. In the lease of things, one of the parties binds himself to
give to another the enjoyment or use of a thing for a price certain, and for
a period which may be definite or indefinite. However, no lease for more
than ninety-nine years shall be valid. (1543a)
Sale v. Lease
in sale: obligation to absolutely transfer ownership of thing; in lease:
use of thing is for specified period only with obligation to return
in sale: consideration is price; in lease: consideration is rent
in sale: seller needs to be owner of thing to transfer ownership; in
lease: lessor need not be owner

Barter or exchange (Arts. 1638 & 1468)

f.

in barter, the consideration is the giving of a thing; in sale, it is giving

of money as payment
both are governed by law on sales; both are species of the genus
sales
if consideration consists party in money & partly by thing look at
manifest intention; if intention is not clear (1468 ):
a.
value of thing is equal or less than amount of money sale
b.
value of thing is more than amount of money barter

Dacion en Pago (Art. 1245)

Article 1245. Dation in payment, whereby property is alienated to the
creditor in satisfaction of a debt in money, shall be governed by the law of
sales. (n)
dacion: contract where property is alienated to satisfy/extinguish
obligation to pay debt
in dacion: novates creditor-debtor relationship into seller-buyer
in dacion: delivery is required ( real contract )

g.

Chattel Mortgage (Section 3 of Chattel Mortgage Law, Art 2140)

Chattel Mortgage Law.
Sec. 3. Chattel mortgage defined. A chattel mortgage is a conditional
sale of personal property as security for the payment of a debt, or the
performance of some other obligation specified therein, the condition
being that the sale shall be void upon the seller paying to the purchaser a
sum of money or doing some other act named. If the condition is
performed according to its terms the mortgage and sale immediately
become void, and the mortgagee is thereby divested of his title.
Article 2140. By a chattel mortgage, personal property is recorded in the
Chattel Mortgage Register as a security for the performance of an
obligation. If the movable, instead of being recorded, is delivered to the
creditor or a third person, the contract is a pledge and not a chattel
mortgage. (n)
in chattel mortgage, the thing is a security for an obligation; if the
debtor is unable to pay, the ownership cannot be transferred

automatically to the creditor, but is still subject to foreclosure

proceedings
Ker and Co, Ltd v. Lingad
Ker and Co. entered into a contract with the United States Rubber International
(the company) as distributor for the latter. It was agreed that the distributor
will hold the products in such quantities as the company wishes and that all
goods were to be the property of the company until sold by the distributor.
However, it was expressly stated that the distributor is not to be the agent or
legal representative of the company. The Court held that there existed an
agency to sell, notwithstanding the categorical statement in the contract that no
agency is to exist. The decisive test is the retention of the ownership of goods
delivered to the possession of the dealer for resale with the price and terms
remaining subject to the control of the firm consigning the goods.
PARTIES TO A CONTRACT OF SALE
1.

Who may enter into a contract of sale:

GENERAL RULE: Art. 1489, 234, Family Code

Article 1489. All persons who are authorized in this Code to obligate
themselves, may enter into a contract of sale, saving the modifications
contained in the following articles.
Where necessaries are those sold and delivered to a minor or other person
without capacity to act, he must pay a reasonable price therefor. Necessaries are
those referred to in article 290. (1457a)
**Article 290. Support is everything that is indispensable for sustenance,
dwelling, clothing and medical attendance, according to the social position
of the family.
Support also includes the education of the person entitled to be supported
until he completes his education or training for some profession, trade or
vocation, even beyond the age of majority.
Art. 234. Emancipation takes place by the attainment of majority. Unless
otherwise provided, majority commences at the age of eighteen years. (FC)
EXCEPTIONS:
a.

Minors, insane and demented, deaf-mutes who do not know how to write
(Arts. 1327, 1397, 1399, 1489, 290)

Article 1327. The following cannot give consent to a contract:

(1) Unemancipated minors;
(2) Insane or demented persons, and deaf-mutes who do not know how to
write. (1263a)
Article 1397. The action for the annulment of contracts may be instituted by all
who are thereby obliged principally or subsidiarily. However, persons who are
capable cannot allege the incapacity of those with whom they contracted; nor
can those who exerted intimidation, violence, or undue influence, or employed
fraud, or caused mistake base their action upon these flaws of the contract.
(1302a)
Article 1399. When the defect of the contract consists in the incapacity of one
of the parties, the incapacitated person is not obliged to make any restitution
except insofar as he has been benefited by the thing or price received by him.
(1304)
b.

Sale by and between spouses

i.
Contract with third parties (Arts. 75 and 96, FC)

Art. 75. The future spouses may, in the marriage settlements, agree upon the
regime of absolute community, conjugal partnership of gains, complete
separation of property, or any other regime. In the absence of marriage
settlement, or when the regime agreed upon is void, the system of absolute
community of property as established in this code shall govern.
Art. 96.The administration and enjoyment of the community property shall
belong to both spouses jointly. In case of disagreement, the husbands decision
shall prevail, subject to recourse to the court by the wife for a proper remedy,
which must be availed of within five years from the date of the contract
implementing such decision.
In the event that one spouse is incapacitated or otherwise unable to participate
in the administration of the common properties, the other spouse may assume
sole powers of administration. These powers do not include the powers of
disposition or encumberance without the authority of the court or the written

consent of the other spouse. In the absence of such authority or consent, the
disposition or encumberance shall be void. However, the transaction shall be
construed as a continuing offer on the part o the consenting spouse and the
third person, and may be perfected as a binding contract upon the acceptance
by the other spouse or authorization by the court before the offer is withdrawn
by either or both offerors.
ii.

Sale between spouses (Arts. 133, 1490, 1492)

Article 133. Every donation between the spouses during the marriage shall be
void. This prohibition does not apply when the donation takes effect after the
death of the donor.
Neither does this prohibition apply to moderate gifts which the spouses may
give each other on the occasion of any family rejoicing.
Article 1490. The husband and the wife cannot sell property to each other,
except:
(1) When a separation of property was agreed upon in the marriage
settlements; or
(2) When there has been a judicial separation of property under article 191.
(1458a)
iii.
c.

Common law spouses (Art. 133)

Articles1491 and 1492

Article 1491. The following persons cannot acquire by purchase, even at a

public or judicial auction, either in person or through the mediation of another:
(3) The guardian, the property of the person or persons who may be under his
guardianship;
(4) Agents, the property whose administration or sale may have been
intrusted to them, unless the consent of the principal has been given;
(5) Executors and administrators, the property of the estate under
administration;
(6) Public officers and employees, the property of the State or of any
subdivision thereof, or of any government-owned or controlled
corporation, or institution, the administration of which has been intrusted
to them; this provision shall apply to judges and government experts who,
in any manner whatsoever, take part in the sale;
(7) Justices, judges, prosecuting attorneys, clerks of superior and inferior
courts, and other officers and employees connected with the
administration of justice, the property and rights in litigation or levied
upon an execution before the court within whose jurisdiction or territory
they exercise their respective functions; this prohibition includes the act
of acquiring by assignment and shall apply to lawyers, with respect to the
property and rights which may be the object of any litigation in which they
may take part by virtue of their profession;
(8) Any others specially disqualified by law. (1459a)
Article 1492. The prohibitions in the two preceding articles are applicable to
sales in legal redemption, compromises and renunciations. (n)
SUBJECT MATTER OF SALE (ARTICLES 1459-1465)
1. Must be existing, future, or contingent
A. Emptio rei speratae (Arts. 1461 and 1347)
Article 1461. Things having a potential existence may be the object of the
contract of sale.
The efficacy of the sale of a mere hope or expectancy is deemed subject to the
condition that the thing will come into existence.
The sale of a vain hope or expectancy is void. (n)
Article 1347. All things which are not outside the commerce of men, including
future things, may be the object of a contract. All rights which are not
intransmissible may also be the object of contracts.
No contract may be entered into upon future inheritance except in cases
expressly authorized by law.
All services which are not contrary to law, morals, good customs, public order
or public policy may likewise be the object of a contract. (1271a)
B. Emptio spei (Art. 1461)
C.

Subject to resolutory condition (Art. 1465)

Article 1465. Things subject to a resolutory condition may be the object of the
contract of sale. (n)
2. Must be licit (Arts. 1347, 1459, 1575)

Article 1459. The thing must be licit and the vendor must have a right to
transfer the ownership thereof at the time it is delivered. (n)
Article 1575. The sale of animals suffering from contagious diseases shall be
void.
A contract of sale of animals shall also be void if the use or service for which
they are acquired has been stated in the contract, and they are found to be unfit
therefor. (1494a)
3. Must be determinate or determinable (1460, 1349, 1463, 1464)
Article 1460. A thing is determinate when it is particularly designated or
physical segregated from all others of the same class.
The requisite that a thing be determinate is satisfied if at the time the contract is
entered into, the thing is capable of being made determinate without the
necessity of a new or further agreement between the parties. (n)
Article 1349. The object of every contract must be determinate as to its kind.
The fact that the quantity is not determinate shall not be an obstacle to the
existence of the contract, provided it is possible to determine the same, without
the need of a new contract between the parties. (1273)
Article 1463. The sole owner of a thing may sell an undivided interest therein.
(n)
Article 1464. In the case of fungible goods, there may be a sale of an undivided
share of a specific mass, though the seller purports to sell and the buyer to buy a
definite number, weight or measure of the goods in the mass, and though the
number, weight or measure of the goods in the mass, and though the number,
weight or measure of the goods in the mass is undetermined. By such a sale the
buyer becomes owner in common of such a share of the mass as the number,
weight or measure bought bears to the number, weight or measure of the mass.
If the mass contains less than the number, weight or measure bought, the buyer
becomes the owner of the whole mass and the seller is bound to make good the
deficiency from goods of the same kind and quality, unless a contrary intent
appears. (n)

unlawfully deprived thereof, may recover it from the person in possession of

the same.
Article 1506. Where the seller of goods has a voidable title thereto, but his title
has not been avoided at the time of the sale, the buyer acquires a good title to
the goods, provided he buys them in good faith, for value, and without notice of
the seller's defect of title. (n)
Article 1390. The following contracts are voidable or annullable, even though
there may have been no damage to the contracting parties:
(1) Those where one of the parties is incapable of giving consent to a contract;
(2) Those where the consent is vitiated by mistake, violence, intimidation,
undue influence or fraud.
These contracts are binding, unless they are annulled by a proper action in
court. They are susceptible of ratification. (n)
Article 1636. In the preceding articles in this Title governing the sale of goods,
unless the context or subject matter otherwise requires:
(1) "Document of title to goods" includes any bill of lading, dock warrant,
"quedan," or warehouse receipt or order for the delivery of goods, or any
other document used in the ordinary course of business in the sale or
transfer of goods, as proof of the possession or control of the goods, or
authorizing or purporting to authorize the possessor of the document to
transfer or receive, either by indorsement or by delivery, goods
represented by such document.
"Goods" includes all chattels personal but not things in action or money of
legal tender in the Philippines. The term includes growing fruits or crops.
"Order" relating to documents of title means an order by indorsement on
the documents.
"Quality of goods" includes their state or condition.
"Specific goods" means goods identified and agreed upon at the time a
contract of sale is made.
An antecedent or pre-existing claim, whether for money or not, constitutes
"value" where goods or documents of title are taken either in satisfaction
thereof or as security therefor.

4. Quantity of subject matter not essential for perfection

5. Obligation of vendor to transfer ownership
a. Sale by a person not the owner (Arts. 1505, 1434, 1459)
Article 1505. Subject to the provisions of this Title, where goods are sold by a
person who is not the owner thereof, and who does not sell them under
authority or with the consent of the owner, the buyer acquires no better title to
the goods than the seller had, unless the owner of the goods is by his conduct
precluded from denying the seller's authority to sell.
Nothing in this Title, however, shall affect:
(1) The provisions of any factors' act, recording laws, or any other provision of
law enabling the apparent owner of goods to dispose of them as if he were the
true owner thereof;
(2) The validity of any contract of sale under statutory power of sale or under
the order of a court of competent jurisdiction;
(3) Purchases made in a merchant's store, or in fairs, or markets, in accordance
with the Code of Commerce and special laws. (n)
Article 1434. When a person who is not the owner of a thing sells or alienates
and delivers it, and later the seller or grantor acquires title thereto, such title
passes by operation of law to the buyer or grantee.
Article 1459. The thing must be licit and the vendor must have a right to
transfer the ownership thereof at the time it is delivered. (n)
b.

Exceptions

Article 1431. Through estoppel an admission or representation is rendered

conclusive upon the person making it, and cannot be denied or disproved as
against the person relying thereon.
Article 1911. Even when the agent has exceeded his authority, the principal is
solidarily liable with the agent if the former allowed the latter to act as though
he had full powers. (n)
Article 1898. If the agent contracts in the name of the principal, exceeding the
scope of his authority, and the principal does not ratify the contract, it shall be
void if the party with whom the agent contracted is aware of the limits of the
powers granted by the principal. In this case, however, the agent is liable if he
undertook to secure the principal's ratification. (n)
Article 559. The possession of movable property acquired in good faith is
equivalent to a title. Nevertheless, one who has lost any movable or has been

(2)

A person is insolvent within the meaning of this Title who either has
ceased to pay his debts in the ordinary course of business or cannot pay
his debts as they become due, whether insolvency proceedings have been
commenced or not.

(3)

Goods are in a "deliverable state" within the meaning of this Title when
they are in such a state that the buyer would, under the contract, be bound
to take delivery of them. (n)

PRICE (ARTICLES 1469 - 1471)

1. Must be real (Art. 1471)
Article 1471. If the price is simulated, the sale is void, but the act may be shown
to have been in reality a donation, or some other act or contract. (n)
2. Must be in money or its equivalent (Art. 1458)
3. Must be certain or ascertainable at time of perfection
a. by a 3rd person (Art. 1469)
Article 1469. In order that the price may be considered certain, it shall be
sufficient that it be so with reference to another thing certain, or that the
determination thereof be left to the judgment of a special person or persons.
Should such person or persons be unable or unwilling to fix it, the contract shall
be inefficacious, unless the parties subsequently agree upon the price.
If the third person or persons acted in bad faith or by mistake, the courts may
fix the price.
Where such third person or persons are prevented from fixing the price or
terms by fault of the seller or the buyer, the party not in fault may have such
remedies against the party in fault as are allowed the seller or the buyer, as the
case may be. (1447a)
b.

by the courts (Art. 1469)

c.

by reference to a definite day, particular exchange or market (Art.

1472)

Article 1472. The price of securities, grain, liquids, and other things shall also
be considered certain, when the price fixed is that which the thing sold would
have on a definite day, or in a particular exchange or market, or when an
amount is fixed above or below the price on such day, or in such exchange or
market, provided said amount be certain. (1448)
d.

by reference to another thing certain

e.

but never by one party to the contract (Arts. 1473, 1182)

Article 1473. The fixing of the price can never be left to the discretion of one of
the contracting parties. However, if the price fixed by one of the parties is
accepted by the other, the sale is perfected. (1449a)
Article 1182. When the fulfillment of the condition depends upon the sole will
of the debtor, the conditional obligation shall be void. If it depends upon chance
or upon the will of a third person, the obligation shall take effect in conformity
with the provisions of this Code. (1115)
f.

effect of unascertainability (Art. 1474)

Article 1474. Where the price cannot be determined in accordance with the
preceding articles, or in any other manner, the contract is inefficacious.
However, if the thing or any part thereof has been delivered to and
appropriated by the buyer he must pay a reasonable price therefor. What is a
reasonable price is a question of fact dependent on the circumstances of each
particular case. (n)
4. Manner of payment price must be agreed upon (Arts. 1245, 1468,
1482)
Article 1468. If the consideration of the contract consists partly in money, and
partly in another thing, the transaction shall be characterized by the manifest
intention of the parties. If such intention does not clearly appear, it shall be
considered a barter if the value of the thing given as a part of the consideration
exceeds the amount of the money or its equivalent; otherwise, it is a sale.
(1446a)
Article 1482. Whenever earnest money is given in a contract of sale, it shall be
considered as part of the price and as proof of the perfection of the contract.
(1454a)
5. Inadequacy of price does not affect ordinary sale (Arts. 1355, 1470,
1381, 1386)
Article 1355. Except in cases specified by law, lesion or inadequacy of cause
shall not invalidate a contract, unless there has been fraud, mistake or undue
influence. (n)
Article 1470. Gross inadequacy of price does not affect a contract of sale,
except as it may indicate a defect in the consent, or that the parties really
intended a donation or some other act or contract. (n)
Article 1381. The following contracts are rescissible:
(1) Those which are entered into by guardians whenever the wards whom they
represent suffer lesion by more than one-fourth of the value of the things
which are the object thereof;
(2) Those agreed upon in representation of absentees, if the latter suffer the
lesion stated in the preceding number;
(3) Those undertaken in fraud of creditors when the latter cannot in any other
manner collect the claims due them;
(4) Those which refer to things under litigation if they have been entered into
by the defendant without the knowledge and approval of the litigants or of
competent judicial authority;
(5) All other contracts specially declared by law to be subject to rescission.
(1291a)
Article 1386. Rescission referred to in Nos. 1 and 2 of article 1381 shall not
take place with respect to contracts approved by the courts. (1296a)
FORMATION OF CONTRACT OF SALE (ARTICLES 1475-1488)
Article 1475. The contract of sale is perfected at the moment there is a meeting
of minds upon the thing which is the object of the contract and upon the price.
From that moment, the parties may reciprocally demand performance, subject
to the provisions of the law governing the form of contracts. (1450a)
Article 1476. In the case of a sale by auction:
(1) Where goods are put up for sale by auction in lots, each lot is the subject of
a separate contract of sale.

(2) A sale by auction is perfected when the auctioneer announces its perfection
by the fall of the hammer, or in other customary manner. Until such
announcement is made, any bidder may retract his bid; and the auctioneer
may withdraw the goods from the sale unless the auction has been
announced to be without reserve.
(3) A right to bid may be reserved expressly by or on behalf of the seller, unless
otherwise provided by law or by stipulation.
(4) Where notice has not been given that a sale by auction is subject to a right
to bid on behalf of the seller, it shall not be lawful for the seller to bid
himself or to employ or induce any person to bid at such sale on his behalf
or for the auctioneer, to employ or induce any person to bid at such sale on
behalf of the seller or knowingly to take any bid from the seller or any
person employed by him. Any sale contravening this rule may be treated as
fraudulent by the buyer. (n)
Article 1477. The ownership of the thing sold shall be transferred to the
vendee upon the actual or constructive delivery thereof. (n)
Article 1478. The parties may stipulate that ownership in the thing shall not
pass to the purchaser until he has fully paid the price. (n)
Article 1479. A promise to buy and sell a determinate thing for a price certain
is reciprocally demandable. An accepted unilateral promise to buy or to sell a
determinate thing for a price certain is binding upon the promisor if the
promise is
supported by a consideration distinct from the price. (1451a)
Article 1480. Any injury to or benefit from the thing sold, after the contract has
been perfected, from the moment of the perfection of the contract to the time of
delivery, shall be governed by articles 1163 to 1165, and 1262. This rule shall
apply to the sale of fungible things, made independently and for a single price,
or without consideration of their weight, number, or measure.
Should fungible things be sold for a price fixed according to weight, number, or
measure, the risk shall not be imputed to the vendee until they have been
weighed, counted, or measured and delivered, unless the latter has incurred in
delay. (1452a)
Article 1481. In the contract of sale of goods by description or by sample, the
contract may be rescinded if the bulk of the goods delivered do not correspond
with the description or the sample, and if the contract be by sample as well as
description, it is not sufficient that the bulk of goods correspond with the
sample if they do not also correspond with the description.
The buyer shall have a reasonable opportunity of comparing the bulk with the
description or the sample. (n)
Article 1482. Whenever earnest money is given in a contract of sale, it shall be
considered as part of the price and as proof of the perfection of the contract.
(1454a)
Article 1483. Subject to the provisions of the Statute of Frauds and of any other
applicable statute, a contract of sale may be made in writing, or by word of
mouth, or partly in writing and partly by word of mouth, or may be inferred
from the conduct of the parties. (n)
Article 1484. In a contract of sale of personal property the price of which is
payable in installments, the vendor may exercise any of the following remedies:
(1) Exact fulfillment of the obligation, should the vendee fail to pay;
(2) Cancel the sale, should the vendee's failure to pay cover two or more
installments;
(3) Foreclose the chattel mortgage on the thing sold, if one has been
constituted, should the vendee's failure to pay cover two or more
installments. In this case, he shall have no further action against the
purchaser to recover any unpaid balance of the price. Any agreement to the
contrary shall be void. (1454-A-a)
Article 1485. The preceding article shall be applied to contracts purporting to
be leases of personal property with option to buy, when the lessor has deprived
the lessee of the possession or enjoyment of the thing. (1454-A-a)
Article 1486. In the case referred to in the two preceding articles, a stipulation
that the installments or rents paid shall not be returned to the vendee or lessee
shall be valid insofar as the same may not be unconscionable under the
circumstances. (n)
Article 1487. The expenses for the execution and registration of the sale shall
be borne by the vendor, unless there is a stipulation to the contrary. (1455a)
Article 1488. The expropriation of property for public use is governed by
special laws. (1456)