Sales Flashcards
A contract where one party obligates himself to transfer the ownership of and to deliver a determinate thing, while the other party obligtes himself to pay for said thing a price certain in money or it’s equivalent.
Sale
Kinds of Sale:
The contract is not subject to any condition and title passes to the buyer upon delivery of thing
Absolute
Kinds of sale:
The contract contemplates a contingency, usually payment of the price.
Conditional
Requisites of Sale
- Consent or meeting of minds
- Object or Subject matter
- Cause or consideration
Natural Elements
Warranty against eviction
Warranty against hidden defects
Essential Characteristics
- Consensual
- Bilateral/ Reciprocal
- Onerous
- Commutative
- Principal
- Nominate
A stipulation stating that despite delivery, the ownership of the thing shall remain with the seller until the buyer has fully paid the price.
Pactum Reservati Dominii
(Contractual Reservation of Title)
A contract by virtue of which one person transfers to another his rights and actions against a third person in consideration of a price certain in money or it’s equivalent.
Assignment of Credit
One of the parties binds himself to give one thing in consideration of the other’s promise to give another thing.
Barter
An unexpected unilateral promise to buy or to sell a thing.
Policitacion
An accepted unilateral promise to buy or to sell which is not binding upon the promissory unless supported by a consideration separate and distinct from the purchase price.
Option Contract