3.

Must be determinate or at least “determinable”

Art. 1460. A thing is determinate when it is particularly designated or physical segregated from all other 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)

a. Generic things may be object of sale

Art. 1246. When the obligation consists in the delivery of an indeterminate or generic thing, whose quality
and circumstances have not been stated, the creditor cannot demand a thing of superior quality. Neither
can the debtor deliver a thing of inferior quality. The purpose of the obligation and other circumstances
shall be taken into consideration. (1167a
Art. 1409. The following contracts are inexistent and void from the beginning:
(1) Those whose cause, object or purpose is contrary to law, morals, good customs, public order or
public policy;
(2) Those which are absolutely simulated or fictitious;
(3) Those whose cause or object did not exist at the time of the transaction;
(4) Those whose object is outside the commerce of men;
(5) Those which contemplate an impossible service;
(6) Those where the intention of the parties relative to the principal object of the contract cannot be
ascertained;
(7) Those expressly prohibited or declared void by law.
b. undivided interest (1463) or undivided share in a mass of fungible goods (1464) – may result in co-ownership
Art. 1463. The sole owner of a thing may sell an undivided interest therein. (n)
Art. 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 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)
4. Quantity of Subject Matter
Art. 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)
5. Seller's Obligation to transfer title to Buyer
Art. 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)
Art. 1462. The goods which form the subject of a contract of sale may be either existing goods, owned or
possessed by the seller, or goods to be manufactured, raised, or acquired by the seller after the perfection of
the contract of sale, in this Title called "future goods."
There may be a contract of sale of goods, whose acquisition by the seller depends upon a contingency which may
or may not happen. (n)
Art. 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)
a. Seller's Ownership need not exist at perfection
b. Subsequent acquisition of title by non-owner seller