Villanueva

Question 1

Sale

Answer 1

A contract whereby one of the contracting parties (seller) obligates himself to transfer the ownership, and to deliver the possession, of a determinate thing; and the other party (buyer) obligates himself to pay therefor a price certain in money or its equivalent.

Art. 1458

Question 2

Two sets of obligations

Answer 2

1. Obligations of the seller to transfer ownership and deliver the possession
2. Obligation of the buyer to pay the price

Question 3

What kind of obligation is involved in a sale?

Answer 3

Real obligations or obligations to give as contrasted from personal obligations “to do.”

Thus, it can be a proper subject of actions for specific performance.

Question 4

Can an obligation to do or not to do be enforced through actions for specific performance?

Answer 4

No, because of the policy against involuntary servitude.

Question 5

What is the remedy for obligations to do?

Answer 5

The creditor can have the same executed by another at the cost of the obligor, and the obligor’s refusal to comply can be the basis for claims for damages.

Question 6

Elements of contract of sale

Answer 6

1. Consent
2. Subject Matter
3. Price

Question 7

Stages in the Life of Sale

Answer 7

1. Policitacion, negotiation, or preparation
   - from the time the prospective contracting parties indicate their interests in the contract to the time the contract is perfected
2. Perfection, conception, or birth
   - upon the concurrence of the essential elements of the sale which are the meeting of the minds of the parties as to the object of the contract and upon the price
3. Consummation or death
   - when the parties perform their respective undertaking under the contract of sale, culminating in extinguishment thereof

Question 8

Essential characteristics of Sale

Answer 8

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