Beruflich Dokumente
Kultur Dokumente
1. Rights: Requisites
a. Transmissible or Personal, and
b. Licit it should not be contrary to law, morals, good customs, public order, or
public policy
Exception:
a. Future inheritance
b. Service
2. Things: Requisites
Actual or possible- it must be existing, future, or subject to a resolutory condition.
a. A thing is actual when it is existing
a. A thing is possible when it has potential existence
b. When the requisite that the thing should be actual or possible does not
exist, the resulting contract of sale would be void.
c. Licit- Requisites (Co-In-In)
i. Not outside the the commerce of men
ii. It is not intransmissible
iii. It does not contemplate a future inheritance, unless expressly
authorized
b. Determinate or at least determinable
a. Particularly designated
b. Physically segregated from others of the same class
Requisites:
i.
Capacity to segregate Test
ii.
No further agreement test- there is no necessity for a new
or further agreement between the parties
3. Requisites for Valid Price
a. Real
b. Certain or Ascertainable
c. Money or its Equivalent
d. Manner of payment must be agreed upon
4. Requisites of a Simulated Contract
a. An outward declaration of will different from the will of the parties
b. The false appearance must have been intended by mutual agreement
c. Purpose is to deceive third persons
5. Existence of a Sale When no price is agreed upon (MAD)
a. Meeting of the minds as to the subject matter
b. Agreement that a price will be paid which fails to meet the criteria of being certain or
ascertainable
c. Delivery by the Seller and appropriation of the Buyer of the subject matter