ART. 1458. By the contract of sale one of ART. 1464. In the case of fungible goods, ART. 1469.

ART. 1469. In order that the price may be

the contracting parties obligates himself to there may be a sale of an undivided share considered certain, it shall be sufficient
transfer the ownership of and to deliver a of a specific mass, though the seller that it be so with reference to another
determinate thing, and the other to pay purports to sell and the buyer to buy a thing certain, or that the determination
therefor a price certain in money or its definite number, weight or measure of the thereof be left to the judgment of a
equivalent. A contract of sale may be goods in the mass, and though the specified person or persons. Should such
absolute or conditional. number, weight or measure of the goods person or persons be unable or unwilling
in the mass is undetermined. By such a to fix it, the contract shall be inefficacious,
ART. 1459. The thing must be licit and the sale the buyer becomes owner in common unless the parties subsequently agree
vendor must have a right to transfer the of such a share of the mass as the number, upon the price. If the third person or
ownership thereof at the time it is weight or measure bought bears to the persons acted in bad faith or by mistake,
delivered. (n) number, weight or measure of the mass. If the courts may fix the price. Where such
the mass contains less than the number, third person or persons are prevented
ART. 1460. A thing is determinate when it
weight or measure bought, the buyer from fixing the price or terms by fault of
is particularly designated or physically
becomes the owner of the whole mass and the seller or the buyer, the party not in
segregated from all others of the same
the seller is bound to make good the fault may have such remedies against the
class. The requisite that a thing be
deficiency from goods of the same kind party in fault as are allowed the seller or
determinate is satisfied if at the time the
and quality, unless a contrary intent the buyer, as the case may be. (1447a)
contract is entered into, the thing is
appears. (n)
capable of being made determinate ART. 1470. Gross inadequacy of price does
without the necessity of a new or further ART. 1466. In construing a contract not affect a contract of sale, except as it
agreement between the parties. (n) containing provisions characteristic of both may indicate a defect in the consent, or
the contract of sale and of the contract of that the parties really intended a donation
ART. 1461. Things having a potential
agency to sell, the essential clauses of the or some other act or contract. (n)
existence may be the object of the
whole instrument shall be considered. (n)
contract of sale. The efficacy of the sale of ART. 1471. If the price is simulated, the
a mere hope or expectancy is deemed ART. 1467. A contract for the delivery at a sale is void, but the act may be shown to
subject to the condition that the thing will certain price of an article which the vendor have been in reality a donation, or some
come into existence. The sale of a vain in the ordinary course of his business other act or contract. (n)
hope or expectancy is void. (n) manufactures or procures for the general
market, whether the same is on hand at ART. 1472. The price of securities, grain,
ART. 1462. The goods which form the liquids, and other things shall also be
the time or not, is a contract of sale, but if
subject of a contract of sale may be either considered certain, when the price fixed is
the goods are to be manufactured
existing goods, owned or possessed by the that which the thing sold would have on a
specially for the customer and upon his
seller, or goods to be manufactured, definite day, or in a particular exchange or
special order, and not for the general
raised, or acquired by the seller after the market, or when an amount is fixed above
market, it is a contract for a piece of work.
perfection of the contract of sale, in this or below the price on such day, or in such
(n)
Title called “future goods.” There may be a exchange or market, provided said amount
contract of sale of goods, whose ART. 1468. If the consideration of the be certain. (1448)
acquisition by the seller depends upon a contract consists partly in money, and
contingency which may or may not partly in another thing, the transaction ART. 1473. The fixing of the price can
happen. (n) shall be characterized by the manifest never be left to the discretion of one of
intention of the parties. If such intention the contracting parties. However, if the
ART. 1463. The sole owner of a thing may
does not clearly appear, it shall be price fixed by one of the parties is
sell an undivided interest therein. (n)
considered a barter if the value of the accepted by the other, the sale is
perfected. (1449a)
ART. 1465. Things subject to a resolutory thing given as a part of the consideration
condition may be the object of the exceeds the amount of the money or its ART. 1477. The ownership of the thing
contract of sale. (n) equivalent; otherwise, it is a sale. (1446a)
sold shall be transferred to the vendee
upon the actual or constructive delivery
thereof. (n)
ART. 1474. Where the price cannot be ART. 1478. The parties may stipulate that
determined in accordance with the ownership in the thing shall not pass to the
preceding articles, or in any other manner, purchaser until he has fully paid the price.
the contract is inefficacious. However, if (n)
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)

ART. 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)

ART. 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)