Obligations of a Vendor Flashcards
What are the PRINCIPAL OBLIGATION OF A VENDOR?
(1) To transfer the ownership of the determinate thing sold;
(2) To deliver the thing, with its accessions and accessories, if any, in the condition in which they were upon the perfection of the contract. (Art. 1537);
(3) To warrant against eviction and against hidden defects (Art. 1495, 1547)
(4) To take care of the thing, pending delivery, with proper diligence (Art. 1163)
(5) To pay for the expenses of the deed of sale, unless there is a stipulation to the contrary (Art. 1487)
[Actual] Deliver (Art. 1497)
The thing sold shall be understood as delivered, when it is place in the control and possession of the vendee.
Delivery by execution of a public instrument (Art. 1498, par. 1)
When the sale is made through a public instrument, the execution thereof shall be equivalent to delivery of the thing which is the object of the contract…
IF FROM THE DEED THE CONTRARY DOES NOT APPEAR OR CANNOT CLEARLY BE INFERRED.
Traditio Symbolica (Art. 1498, par. 2)
With regard to movable property, its delivery may also be made by the delivery of the keys of the place or depository where it is stored or kept.
Traditio longga manu (Art. 1499)
The delivery of movable property may likewise be made by the mere consent or agreement of the contracting parties, if the thing sold cannot be transferred to the possessin of the vendee at the time of the sale.
e.g. leased car or rented car
Traditio brevi manu (Art. 1499)
[Vendor] already had it in his possession for any other reason.
Quasi-traditio (Art. 1501)
With respect to incorporeal property, the provisions of the first paragraph of Art. 1498 shall govern…
In any other case wherein said provisions are not applicable…
(a) the placing of the titles of ownership in the possession of the vendee; or
(b) the use by the vendee of his rights, with the vendor’s consent shall be understood as a delivery.
On sale or return (Art. 1502)
When goods are delivered to the buyer “on or return” to give the buyer an option to return the goods instead of paying the price…
the ownership passes to the buyer on delivery, but he may revest the ownership in the seller by returning or tendering the goods within the time fixed in the contract, or if no time has been fixed within a reasonable time.
Edu v. Gomez
Owner of the thing in good faith, and cannot be deprived thereof unless ordered by the courts.
EDCA v. CA
There is no unlawful deprivation where the title to the movable has been transferred by delivery.