DISTINCTION

Article 1466
Sale
Title of the goods transfer to the buyer upon
delivery of the thing sold
The buyer is required to pay the price
Agency to sell
Title of the goods is retained to the seller
despite of delivery of the goods to the agent
The agent is required to turn over to the
principal the price of the goods which he
receives from the buyer

Article 1467
Contract of sale Contract for a piece of work
If ordered in the ordinary course of business Manufactured specially for the customer
upon his special order and not for the
general market

Article 1468
Sale Barter
Cause or consideration is in money Cause or consideration is another thing
If the intention is partly in money and partly If the intention is partly in money and partly
in another thing in another thing

First rule - intent First rule - intent

If intent is not clear: If intent is not clear:

Monetary consideration ≥ value of the thing Value of the thing given > monetary
given consideration

RULES ON THE OBJECT OF THE CONTRACT OF SALE

Article 1459
Requisites of Object of a contract of sale
 The thing must be within the commerce of men
 The thing must be licit. It must not contrary to law, morals, good customs, public order
or public policy
 The thing must be determinate

Right must exist at the time of delivery

- The vendor must have the right to transfer the ownership of the thing at the time that it
is delivered. Thus, it is not necessary that the vendor must be the owner at the time of
sale
Article 1460
Determinate thing
- if it is particularly designated or physically segregated from all others of the same class
- 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

Article 1461
The thing having a potential of existence may be the object of a contract of sale
- one can sell the young animals that thereafter will be born or future harvest from a
farm. However, the thing must come into existence; otherwise the sale will not be
effective for not having a subject matter.
distintion
Sale of an expected thing Sale of the hope
(Emptio rei speratae) (Emptio spei)
Sale of future thing Deals with a present thing, the hope or
expectancy
The thing sold must come into existence The sale produces effects even if the thing
hoped for does not come into existence.
However, the sale of vain hope or expectancy
is void.

Article 1462
Object may be;
 Existing goods owned or possessed by the seller
 Future goods – goods to be manufacture, raised or acquired by the seller after the
perfection of the contract of sale of goods depends upon the contingency which may or
may not happen

Article 1463
The sole owner of a thing may sell an undivided interest therein
- Such sale shall produce the seller and the buyer became co-owner of the thing sold

Article 1464
Sale of fungible goods

Fungible goods
- Refer to interchangeable goods such as grain that allow one to be replaced by another
without loss of value

Rules if the quantity sold is different from the quantity of the mass
 1. Quantity, weight or measurement of the mass > quantity sold – parties shall become
co-owners of the mass
2. Quantity of the mass < quantity sold – the buyer become the owner of the whole mass
and seller bound to deliver the deficiency of goods of the same kind and quality, unless
a contrary intent appears.

Article 1465
The subject to resolutory condition may be the object of a contract of sale