Business Law 2: Workbook

WORKBOOK GUIDE QUESTIONS

BUSINESS LAW 2 LAW ON SALES

**MOTHER INSTRUCTION: (1) Answer, (2) legally discuss, and (3) dissect the following 323 guide questions. BOOK 1 SALES Lesson 1- 4 GQs DEFINITION-ORIGIN (1) Legally define a contract of sale? LA-LEGAL ANSWER/S: By the contract of sale one of the contracting parties obligates himself to transfer the ownership of, and to deliver a determinate thing, and the other to pay therefor a price certain in money or its equivalent. A contract of sale may be absolute or conditional. (1445a) LD/ELEGAL DISCUSSIONS/EXPLANATIONS: The contract of sale is an agreement whereby one of the parties (called the seller or vendor) obligates himself to deliver something to the other (called the buyer or purchaser or vendee) who, in his part, binds himself to pay therefor a sum of money or its equivalent (known as the price). LB/R- LEGAL BASIS: Article 1458 of the Civil Code of the Philippines also known as Republic Act 386

Spanish – venta LD/ELEGAL DISCUSSIONS/EXPLANATIONS: Ethymology Roman Law – venditio French – vente Spanish – venta LB/R- LEGAL BASIS: E-Files, PPT-LEC NOTES-SALES-PART 1 LS-LEGAL SOURCE: (3) Who are the parties in a contract of sale? LA-LEGAL ANSWER/S: The parties in a contract of sale are the seller/vendor/debtor/obligor and the buyer/vendee/creditor/obligee LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: E-Files, PPT-LEC NOTES-SALES-PART 1 LS-LEGAL SOURCE: (4) What are the general obligations of said parties? LA-LEGAL ANSWER/S: The general obligations of the seller are to transfer ownership and to deliver determinate thing. On the other hand, the general obligation of the buyer is to pay price certain in money or its equivalent. LD/ELEGAL DISCUSSIONS/EXPLANATIONS:

LS-LEGAL SOURCE: (2) What is the origin of the word sale? LA-LEGAL ANSWER/S: Ethymology Roman Law – venditio French – vente

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LB/R- LEGAL BASIS: E-Files, PPT-LEC NOTES-SALES-PART 1 LS-LEGAL SOURCE: Lesson 2 – 9 GQs

CHARACTERISTICS (5) What are the characteristics of a contract of sale? LA-LEGAL ANSWER/S: The characteristics of a contract of sale are Nominate, Onerous, Consensual, Cumutative, Reciprocal, and Principal. LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: E-Files, PPT-LEC NOTES-SALES-PART 1

LB/R- LEGAL BASIS: Article 1350, Article 1458 and Article 1475 of the Civil Code of the Philippines also known as Republic Act 386 LS-LEGAL SOURCE: (8) Why is a contract of sale consensual? LA-LEGAL ANSWER/S: Consensual is a contract of sale because it is perfected by the moment there is a meeting of minds upon the thing which is the object of the contract and upon the price.

LS-LEGAL SOURCE: (6) Why is a contract of sale nominate? LA-LEGAL ANSWER/S: Nominate is a contract of sale because it has its own individuality and are regulated by special provision of law. LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: Article 1307 of the Civil Code of the Philippines also as Republic Act 386 LS-LEGAL SOURCE: (7) Why is a contract of sale onerous? LA-LEGAL ANSWER/S: Onerous is a contract of sale because the thing sold is conveyed in consideration of the price and vice versa. LD/ELEGAL DISCUSSIONS/EXPLANATIONS: Prestation or determinate thing and the price certain in money or its equivalent or promise of a thing or service.

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LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: Article 1475 and Article 1315 of the Civil Code of the Philippines also known as Republic Act 386 LS-LEGAL SOURCE: (9) Why is a contract of sale cumulative? LA-LEGAL ANSWER/S: Cumulative is a contract of sale because the thing sold is considered equivalent of the price paid and vice versa. LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: E-Files, PPT-LEC NOTES-SALES-PART 1 LS-LEGAL SOURCE: (10) Why is a contract of sale bilateral? LA-LEGAL ANSWER/S: Bilateral is a contract of sale because both contracting parties are bound to fulfill correlative obligations towards each other.

LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: Article 1475, and Article 1308 of the Civil Code of the Philippines also known as Republic Act 386

LA-LEGAL ANSWER/S: Principal is a contract of sale because it does not depend for its existence and validity upon another contract. LD/ELEGAL DISCUSSIONS/EXPLANATIONS:

LS-LEGAL SOURCE: LB/R- LEGAL BASIS: (11) Why is a contract of sale reciprocal? LA-LEGAL ANSWER/S: Reciprocal is a contract of sale because both of the contracting parties are bound to fulfill correlative obligations towards each other. LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: Article 1475 and Article 1308 of the Civil Code of the Philippines also known as Republic Act 386 LS-LEGAL SOURCE:

LS-LEGAL SOURCE: E-Files, PPT-LEC NOTES-SALES-PART 1 Lesson 3-8 GQs STAGES (14) What are the stages of a contract of sale? LA-LEGAL ANSWER/S: The stages of the contract of sale are preparation, perfection and consummation. LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS:

(12) Why is a contract of sale “sinalagmatico”? LA-LEGAL ANSWER/S: Sinalagmatico is a contract of sale because both of the contracting parties are bound to fulfill correlative obligations towards each other. LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: Article 1475 and Article 1308 of the Civil Code of the Philippines also known as Republic Act 386

LS-LEGAL SOURCE: E-Files, PPT-LEC NOTES-SALES-PART 1 (15) What is the meaning of preparation stage? LA-LEGAL ANSWER/S: Begins from the time the prospective contracting parties manifest their interest in the contract and ends at the moment of agreement of the parties. LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS:

LS-LEGAL SOURCE: (13) Why is principal?

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a

contract

of

sale

LS-LEGAL SOURCE: Law on Obligations and Contract by Atty. Andrix Domingo

(16) When is a contract of sale considered to be in the preparation stage? LA-LEGAL ANSWER/S: It is considered to be in the preparation stage when negotiation is formally initiated by an offer. LD/ELEGAL DISCUSSIONS/EXPLANATIONS:

Law on Obligation and Contract by Atty. Andrix D. Domingo (19) When shall parties to a contract of sale demand performance thereof? LA-LEGAL ANSWER/S: Parties to a sale can demand performance thereof when there is meeting of offer and acceptance. LD/ELEGAL DISCUSSIONS/EXPLANATIONS:

LB/R- LEGAL BASIS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: Law on Obligations and Contract by Atty. Andrix D. Domingo (17) What is perfection vis-à-vis a contract of sale? LA-LEGAL ANSWER/S: It is considered to be in the perfection stage when there’s meeting of offer and acceptance. LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: Law on Obligations and Contract by Atty. Andrix D. Domingo (18) When is a contract of sale perfected? LA-LEGAL ANSWER/S: Takes place when the parties agree upon the essential elements of the contract. LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS:

LS-LEGAL SOURCE: Law on Obligation and Contract by Atty. Andrix D. Domingo (20) What is the meaning of consummation stage? LA-LEGAL ANSWER/S: Consummation stage is when the object of the contract has been delivered and the price has been paid. LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: Law on Obligation and Contract by Atty. Andrix D. Domingo (21) When is a contract of sale considered to be in the consummation stage? LA-LEGAL ANSWER/S: When the parties fulfill or perform the terms agreed upon in the contract culminating its extinguishment. LD/ELEGAL DISCUSSIONS/EXPLANATIONS:

LS-LEGAL SOURCE: LB/R- LEGAL BASIS:

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LS-LEGAL SOURCE: Law on Obligation and Contract by Atty. Andrix D. Domingo Lesson 4-4 GQs FORM (22) What is form vis-à-vis a contract of sale? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (23) In what form shall a contract of sale be entered into? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (24) What is the Statute of Frauds? LA-LEGAL ANSWER/S: The following contracts are unenforceable, unless they are ratified: (1) Those entered into in the name of another person by one who has been given no authority or legal representation, or who has acted beyond his power; (2) Those that do not comply with the Statute of Frauds as set forth in this number. In the following cases an agreement thereafter made shall be unenforceable by action, unless the same, or some note or memorandum, thereof, be in writing, and subscribed by the party changed, or by his agent; evidence, therefore, of the agreement cannot be received without the writing, or a secondary evidence of its contents:

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a. An agreement that by its terms is not to be performed within a year from the making thereof; b. A special promise to answer for the debt, default, or miscarriage of another; c. An agreement made in consideration of marriage, other than a mutual promise to marry; d. An agreement for the sale of goods, chattels or things in action, at a price not less than five hundred pesos, unless the buyer accept and received part such goods and chattels, or the evidences, or some of them, of such things in action or pay at the time some part of the purchase money; but when a sale is made by auction and entry is made by the auctioneer in his sales book, at the time of the sale, of the amount and kind of property sold, items of sale, price, names of the purchasers and person on whose account the sale is made, it is sufficient memorandum; e. An agreement the for leasing for a longer period than one year, or for the sale of real property or of an interest therein; f. A representation as to the credit of a third person. (3) Those where both parties are incapable of giving consent to a contract. LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: Article 1403 of the Civil Code of the Philippines also known as Republic Act 386

LS-LEGAL SOURCE: (25) Which contracts of sale are required to be under the Statute of Frauds? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: LESSON 5-7 GQs CONTRACT OF SALE VS CONTRACT TO SELL (26) Define contract to sell? LA-LEGAL ANSWER/S: Contract to sell are sales on installments. Payment in full of the price is positive suspensive condition (obligation to deliver and transfer ownership arises); if not paid in full, obligation to deliver or transfer ownership is suspended or not yet binding and effective.

(28) Can contract to sell result to contract of sale? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (29) Distinguish contract of sale from contract to sell LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (30) What is Policitacion? LA-LEGAL ANSWER/S: Policitacion is merely an offer. An imperfect promise that could not be considered a binding commitment. LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS:

LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: E-Files, PPT-LEC NOTES-SALES-PART 2 (27) Who are the parties in a contract to sell? LA-LEGAL ANSWER/S: The parties in a contract to sell are the buyer and seller. LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: E-Files, PPT-LEC NOTES-SALES-PART 2

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LS-LEGAL SOURCE: Law on Obligation and contract by Atty. Andrix D. Domingo (31) What are the effects of Policitacion? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (32) Distinguish between earnest money and option money LA-LEGAL ANSWER/S: Earnest money and option money may be distinguished as follows: (1) Earnest money is part of the purchase price, while option money is the money given as

distinct consideration for the option contract; (2) Earnest money is given only where there is already a sale, while option money applies to a sale not yet perfected; and (3) When earnest money is given, the buyer is bound to pay the balance, while when the wouldbe buyer gives option money, he is not required to buy. LD/ELEGAL DISCUSSIONS/EXPLANATIONS:

LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: E-Files, PPT-LEC NOTES-SALES-PART 2 (35) Legally define Agency to Sell LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE:

LB/R- LEGAL BASIS: LS-LEGAL SOURCE: The Law on Sales, Agency and Credit Transactions by Hector S. De Leon LESSON 6-5 GQs CONTRACT OF SALE VS AGENCY TO SELL (33) Legally define a contract of agency LA-LEGAL ANSWER/S: By the contract of agency a person binds himself to render some service or to do something in representation or on behalf of another, with the consent or authority of the later. (1710a) LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: Article 1868 of the Civil Code of the Philippines also known as Republic Act 386 LS-LEGAL SOURCE: (34) Who are the parties in a contact of agency? LA-LEGAL ANSWER/S: The parties in a contract of agency are the Principal and the Agent.

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(36) Distinguish Sale from an Agency to Sell LA-LEGAL ANSWER/S: Sale maybe distinguish from an agency to sell by the following: (1) In a sale, the buyer receives the goods as owner; in an agency to sell, the agent receives the goods as the goods of the principal who retains his ownership over them; (2) In a sale, the buyer has to pay the price; in an agency to sell, the agent has simply to account for the proceeds of the sale he may make on the principal’s behalf; (3) In a sale, the buyer, as a general rule, cannot return the object sold; in an agency to sell, the agent can return the object in case he is unable to sell the same to a third person; and (4) In a sale, the seller warrants the thing sold; in an agency to sell, the agent makes no warranty for which he assumes personal liability as long as he acts within his authority and in the name of the seller; and (5) In a sale, the buyer can deal with the thing sold as he pleases, being the owner; in an agency to sell, the agent in dealing with the thing

received, must act and is bound according to the instructions of his principal. LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: The Law on Sales Agency and Credit Transactions by Hector S. De Leon

LS-LEGAL SOURCE: (39) Who are the parties in a contract for a piece of work? LA-LEGAL ANSWER/S: The parties in a contract for a piece of work are the worker and contractor. LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS:

(37) If a contract contains provisions characteristic of both the contract of sale and of the contract of agency to sell, how shall the contract be construed? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: LESSON 7-3 GQs CONTRACT OF SALE VS CONTRACT FOR A PIECE OF WORK (38) Legally define contract for a piece of work LA-LEGAL ANSWER/S: By the contract for a piece of work the contractor binds himself to execute a piece of work for the employer, in consideration of a certain price or compensation. The contractor may either employ only his labor skill, or also furnish the materials (1588a) LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: Article 1713 of the Civil Code of the Philippines also known as Republic Act 386

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LS-LEGAL SOURCE: E-Files, PPT-LEC NOTES-SALES-PART 2 (40) Distinguish a contract of sale from a contract for piece of work LA-LEGAL ANSWER/S: A contract of sale may distinguish from a contract for piece of work by the following: (1) In a contract for work, labor or materials or for a piece of work, the thing transferred is one not in existence and which never would have existed but for the order of the party desiring to acquire it, while in a contract of sale, the thing transferred is one which would have existed and been the subject of sale to some other person, even if the order had not been given. (2) In a contract for work, the risk of loss before delivery is borne by the worker or contractor, not by the employer. However, in the contract of sale, the risk of loss is borne by the buyer. (3) Contracts for a piece of work, unlike contract of sale are not within the Statute Fraud. LD/ELEGAL DISCUSSIONS/EXPLANATIONS:

LB/R- LEGAL BASIS: LS-LEGAL SOURCE: The Law on Sales Agency and Credit Transactions by Hector S. De Leon LESSON 8-6 GQs CONTRACT OF SALE VS BARTER OR EXCHANGE (41) Legally define barter or exchange LA-LEGAL ANSWER/S: By the contract of barter or exchange one of the parties binds himself to give one thing in consideration of the other’s promise to give another thing. LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: Article 1638 of the Civil Code of the Philippines also known as Republic Act 386 LS-LEGAL SOURCE: (42) Who are the parties in a contract of barter or exchange? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (43) What is the object in a contract of barter or exchange? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (44) What are the rules anent sale visà-vis barter? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS:

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LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (45) What do you mean by manifest intention of the parties? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (46) How do you characterize the contract where the consideration consists partly in money and partly in another thing? LA-LEGAL ANSWER/S: If the consideration of the contract consists partly in money, and partly in another thing, the transaction shall be characterized by the manifest intention of the parties. If such intention does not clearly appear, it shall be considered a barter if the value of the thing given as a part of the consideration exceeds the amount of money or its equivalent; otherwise, it is a sale. (1446a) LD/ELEGAL DISCUSSIONS/EXPLANATIONS: (1) The intention of the parties will control the situation. (2) If the intention does not appear (a) It is barter, if the value of the thing is more than the monetary consideration. (b) It is a sale, if the monetary consideration is more than the value of the thing. (c) If the monetary consideration and the value of the thing are the same, the majority view maintained that the contract is a contract of sale. LB/R- LEGAL BASIS: LS-LEGAL SOURCE:

pp. 18 and 17, Suarez, C. B. (2000) The Law on Sales, Agency, Pledge and Mortgages for business students. 2000 ed. Manila ; GIC Enterprises. Lesson 9-8 GQs ELEMENTS/REQUISITES (47) What are the elements/requisites of a valid contract of sale? LA-LEGAL ANSWER/S: (1) Consent (2) Object (3) Price LD/ELEGAL DISCUSSIONS/EXPLANATIONS: (1) Consent of the caaaaaaaeeeeeeeiiiiiiiooooooo aaaaaa6(3) LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (48) What are the essential elements of a contract of sale? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: I already try how to work via captcha entry online. (49) What is the meaning of essential elements? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (50) What is consent vis-à-vis a contract of sale? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE:

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(51) What is meant by meeting of the offer and acceptance? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (52) When is offer certain? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (53) When is acceptance absolute? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (54) What is meant by counter-offer? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: Lesson 9A-16 GQs DETERMINATE THING/OBJECT OF SALE (55) What is object vis-à-vis a contract of sale? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (56) What may be the object of a contract of sale? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE:

(57) Which things can be valid objects of a contract of sale? LA-LEGAL ANSWER/S: aaaa LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (58) Which rights cannot be objects of contract of sale? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (59) Can service be a valid object of contract of sale? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (60) When is a thing considered determinate? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (61) Is it essential that the thing object of a contract of sale be always determinate? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (62) Can future things be valid object of a contract of sale? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS:

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LS-LEGAL SOURCE: (63) What is the Latin term for such object? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (64) When is a thing said to have potential existence? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (65) Distinguish between a sale of a mere hope or expectancy and sale of a vain hope or expectancy? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (66) What is the Latin term for such object? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (67) What kind of goods may be objects of a contract of sale? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (68) If one is the sole owner of a thing, in how many ways may he sell the thing? LA-LEGAL ANSWER/S:

LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE:

LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE:

(69) In case of fungible goods, can the seller make a valid sale of an undivided share of a specific mass of goods, although the seller purports to sell and the buyer to buy a definite number, weight or measure of the goods in the mass, though the number, weight or measure of the goods in the mass in undetermined? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE:

(74) If the price is fixed by a third person, when will such price be binding upon the contracting parties? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE:

(70) What is the meaning of fungible goods? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (71) Can there be a valid sale of a thing subject to resolutory condition? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: Lesson 9B-15 GQs PRICE (72) What is price vis-à-vis a contract of sale? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (73) When is price considered certain? LA-LEGAL ANSWER/S:

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(75) What is the effect if such third person is unable or unwilling to fix the price? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (76) What is the effect if the third person in fixing the price acted in bad faith or by mistake? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (77) What are the remedies if the third person who is to fix the price is prevented from fixing the price by fault of the seller or the buyer? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (78) What is the effect of gross inadequacy of price? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS:

LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (79) Will the contract of sale be valid, if the price is simulated or false? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (80) Under what circumstances shall the price of securities, grain, liquids, and other things be considered certain? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (81) Can the fixing of the price be left to the discretion of one of the contracting parties? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (82) What is the effect if price cannot be determined either by the parties or the third person designated to fix it? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (83) In the event price cannot be determined, but the thing or any part thereof has already been delivered and appropriated by the buyer, what is the obligation of the buyer? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS:

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LS-LEGAL SOURCE: (84) What is considered a reasonable price LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (85) Distinguish between earnest money and option money LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (86) What are the natural elements of a contract of sale? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (87) What is the meaning of natural elements? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: Lesson 9C-41 GQs WARRANTIES (88) Legally define warranty LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (89) What is warranty vis-a-vis contract of sale? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS:

LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (90) What are the kinds of warranties under the law? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (91) Define express warranty LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (92) Is an affirmation of the value of the thing or the seller’s expression of opinion considered express warranty? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (93) What are the implied warranties in a contract of sale? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (94) Does the rule on implied warranty apply to all persons who make a sale? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (95) What is eviction? LA-LEGAL ANSWER/S:

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LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (96) What are the essential requisites of the warranty against eviction? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (97) In the event the vendee is evicted by final judgment of the thing he bought, can he hold the vendor liable for eviction even though nothing was agreed upon in the contract regarding the warranty against eviction? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (98) Are there cases where the vendor shall not be liable for eviction? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (99) Does this warranty against eviction apply to judicial sales? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (100) What is the effect of the stipulation exempting the vendor from the obligation to answer for eviction? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS:

LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (101) What are the kinds of waiver of eviction? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (102) In case eviction takes place but the vendee has made a waiver consciente, can he hold the vendor liable? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (103) What is waiver conciente? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (104) What is waiver intencionada? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (105) Differentiate waiver conciente from waiver intencionada LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (106) In the event eviction takes place but the vendee has made an waiver intencionada, can he hold the vendor liable? LA-LEGAL ANSWER/S:

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LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (107) In case the warranty against eviction has been expressly agreed upon or nothing has been stipulated on this point, but eviction takes place, what can the vendee demand from the vendor? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (108) What is partial eviction? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (109) What are the rights of the vendee in case of partial eviction? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (110) In case the immovable sold is encumbered with any non – apparent burden or servitude, what are the rights of the vendee? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (111) What circumstances must be present to enable the vendee to avail of any of the above remedies? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS:

LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (112) What are the remedies available to the vendee should the immovable sold be encumbered with any non – apparent servitude? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (113) When shall these alternative remedies be not available to the vendee? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (114) What circumstances must be present so that the vendor shall be responsible for his warranty against hidden defects? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (115) For what defects is the vendor not liable? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (116) What are the implied warranties in the case of sale of goods? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE:

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(117) When does the implied warranty as to fitness or quality apply? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (118) When does the implied warranty of merchantability apply? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (119) Distinguish between the warranty for fitness and the warranty of merchantability LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (120) Is there an implied warranty in the case of a sale of a specified article under its patent or trade name? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (121) What warranty exists in case the sale is a sale by sample? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (122) Shall the vendor be responsible for any hidden defects in the thing sold, even though he was not aware thereof? LA-LEGAL ANSWER/S:

LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (123) What are the alternative remedies for the buyer to enforce the warranty? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (124) What are the Latin terms for such remedies? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (125) Within what time shall the vendee bring either the action to withdraw from the contract or the action to demand proportionate reduction of the price? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (126) What are the accidental elements of a contract of sale? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (127) What is the meaning of accidental elements? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE:

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(128) What is interest vis-à-vis contract of sale? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: Lesson 10-7 GQs PARTIES (129) Who are the parties in a contract of sale? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (130) Are all persons authorized to buy and sell? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (131) What is the meaning of capacity to buy and sell? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (132) What is the meaning of incapacity to buy and sell? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (133) What are the kinds of incapacity to buy and sell? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS:

LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (134) Give some examples of persons especially disqualified by law. LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (135) To what other transactions does this prohibition extend? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: Lesson 11-2 GQs SELLER/VENDOR (136) Who is a seller/vendor is contemplation of the law? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (137) Enumerate the obligations of the seller/vendor LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: Lesson 11A-11 GQs DELIVERY/TRADITION (138) What is meant by delivery? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (139) What are the kinds of delivery? LA-LEGAL ANSWER/S:

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LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (140) Does actual or real delivery always pass ownership to the vendee? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (141) What are the exceptions to the rule that delivery to the carrier is delivery to the buyer? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (142) When shall delivery of goods by the seller to the carrier be considered delivery to the buyer? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (143) What are the exceptions to the above rule? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (144) What do the following trade terms mean? a. F.O.B. b. C.I.F LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS:

LS-LEGAL SOURCE: (145) Under the obligation of the seller to deliver, who shall bear the expenses in order to place the thing in a deliverable state? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (146) Who shall pay for the expenses for the execution and registration of the sale? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (147) What is the meaning of care vis-àvis a contract of sale? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (148) What are the rules anent care of the object of sale from perfection to delivery? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: Lesson 11B-12 GQs OWNERSHIP (149) What is meant by transfer vis-à-vis a contract of sale? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE:

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(150) What is ownership vis-à-vis a contract of sale? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (151) When is ownership transferred to the buyer? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (152) Must the seller have ownership of the thing at the time of perfection of the contract of sale? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (153) When shall ownership of the thing sold be transferred to the vendee or buyer? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (154) Is there a case where though the thing has been delivered to the buyer, yet the buyer does not acquire ownership? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (155) How is ownership of the thing transferred to the vendee? LA-LEGAL ANSWER/S:

LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (156) So that ownership is transferred must the vendor have ownership at the time of perfection of the contract? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (157) In a sale of specific goods when does ownership pass to the buyer? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (158) Can a seller who has no ownership over the thing sold transfer ownership to the buyer? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (159) What are the exceptions to the abovementioned rule? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (160) If the seller has a voidable title to the goods, will the buyer acquire a good title thereto? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE:

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Lesson 11C-24 GQs REMEDIES OF UNPAID SELLER (161) When is the vendor not bound to deliver the thing sold? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (162) Who is considered an unpaid seller? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (163) What are the remedies of an unpaid seller? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (164) What is stoppage in transit? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (165) What is rescission? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (166) What is possessory lien? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE:

(167) What is resale? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (168) Under what cases may the possessory lien of the unpaid seller be exercised? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (169) Does the unpaid seller lose his lien if he makes part delivery of the goods? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (170) Under what circumstances does an unpaid seller of goods lose his lien thereon? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (171) What are the requisites so that the unpaid seller can exercise his right of stoppage in transit? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (172) How does an unpaid seller stop the goods in transit? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS:

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LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (173) Under what cases is a resale of the goods allowed? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (174) Is notice of resale essential to make the resale valid? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (175) What are the effects of resale LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (176) Under what circumstances may the unpaid seller exercise his right to rescind? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (177) Is the unpaid seller’s right of lien or stoppage in transitu affected by any sale or disposition of the goods by the buyer? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (178) In case of sale on credit when has the vendor the right to withhold delivery?

LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (179) In what condition shall the thing object of the contract be delivered to the vendee? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (180) In the sale of real estate when is the vendor said to have delivered the thing? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (181) In the event the vendor cannot deliver everything as mentioned in the contract, what are the remedies of the vendee? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (182) When is the vendee entitled to rescind the sale? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (183) Under what cases may the vendee choose proportionate reduction of the price? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS:

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LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (184) Should the vendor deliver a greater area or number in the immovable than that stated in the contract, what is the right of the vendee? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: Lesson 12-17 GQs BUYER/VENDEE (185) Who is a buyer in a contract of sale? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (186) Enumerate the obligations of the buyer/vendee LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (187) Enumerate the rights of the buyer/vendee LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (188) At what time and place shall payment and acceptance or delivery be made? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE:

LS-LEGAL SOURCE: (189) Is the buyer bound to accept delivery by installments? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (190) In case the contract provides for delivery of goods by stated installments which are to be paid for separately what remedies are available in case the seller makes defective deliveries in respect of one or more installments, or the buyer neglects or refuses without just cause to take delivery of or pay for one or more installments? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (191) Has the buyer an absolute right to examine the goods before he accepts them? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (192) In what manner may the buyer accept the goods delivered? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (193) What are the cases or implied acceptance? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS:

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(194) Does acceptance by the buyer bar any action for damages against the seller? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (195) What is required of the buyer if the rightfully refuses to accept the goods? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (196) What is the effect of the buyer’s wrongful refusal to accept the goods? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (197) When shall the vendee pay interest of on the purchase price? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (198) What are the cases where the vendee can suspend the payment of the purchase price? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (199) What are the options of the buyer in the event the seller delivers a

quantity of goods less that he contracted to sell? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (200) What are the options of the buyer in case the seller delivers a quantity of goods larger than he contracted to sell? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (201) In the event the seller delivers to the buyer the goods he contracted to sell mixed with goods of a different description not included in the contract, what remedies has the buyer? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: Lesson 13-10 GQs KINDS OF SALE (202) State the two kinds of contract of sale as regard the presence or absence of conditions. LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (203) When is a contract of sale absolute? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE:

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(204) When is a contract of sale conditional? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (205) What is the effect if a unilateral promise or offer to sell or to buy a thing has not been accepted LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (206) What is the effect if a bilateral promise to buy and sell is reciprocally accepted LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (207) What is “Policitation”? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (208) If A promised to sell his car for P50,000 to B and B promised to buy A’s specific car for P50,000, is there a perfected contract of sale LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (209) If the offerer has allowed the offeree a certain period to accept the offer can the offerer withdraw his offer?

LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (210) When may an offerer not withdraw his offer even though acceptance has not yet been communicated? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (211) What are the kinds of conditional sales? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: LESSON 13A-2 GQs SALE BY SAMPLE (212) When is sale of goods considered as sale by sample? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (213) What are the applicable rules for such kind of sale? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: LESSON 13B-5 GQs SALE BY DESCRIPTION AND SAMPLE (214) When is sale considered sale by description and sample? LA-LEGAL ANSWER/S:

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LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (215) What are the applicable rules for such kind of sale? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (216) What is the warranty of the seller in a sale by description? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (217) What is the warranty of the seller in a sale by sample? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (218) What is the warranty of the seller in case the sale is by description and sample? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: LESSON 13C-2 GQs SALE OR RETURN (219) What is a sale or return? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE:

(220) What are the applicable rules for such kind of sale? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: LESSON 13D-3 GQs SALE ON TRIAL OR APPROVAL (221) When is a sale considered to be a “sale on trial or approval”? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (222) Within what time shall the buyer notify the seller of his approval? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (223) What re the applicable rules for such kind of sale? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: Lesson 13E-5 GQs INSTALLMENT SALES (224) What is meant by installment sales? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (225) What are the remedies of the vendor in a contract of sale of personal property the price of which is payable in installments?

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LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (226) Will the above remedies apply to a contract purporting to be a lease of personal property with option to buy? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (227) What is the effect of the stipulation that the installments or rents paid shall be forfeited by the vendor or lessor? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (228) In the event the buyer cannot pay the agreed installments or the lessee the agreed rental, can the vendor or the lessee forfeit the installments or rentals already paid? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: Lesson 13F-3 GQs MACEDA LAW (229) What is the Maceda Law? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (230) What is the Maceda Law vis-à-vis a contract of sale? LA-LEGAL ANSWER/S:

LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (231) What are the applicable and relevant features of the law related to sale? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: Lesson 13G-3 GQs PD 957 (232) What is PD 957? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (233) What is PD 957 vis-à-vis a contract of sale? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (234) What are the applicable and relevant features of the law related to sale? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: Lesson 13H-7 GQs RECTO LAW (235) What is the Recto Law? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE:

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(236) What is the Recto Law vis-à-vis a contract of sale? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (237) What are the applicable and relevant features of the law related to sale? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (238) What is chattel? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (239) What is foreclosure? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (240) What are the rules on foreclosure? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (241) What are the rules anent deficiency and excess vis-à-vis sale at public auction of the thing subjected to foreclosure? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE:

Lesson 13I-5 GQs DOUBLE SALE (242) What is double sale? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (243) Differentiate movable from immovable property LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (244) In case of sale of the same property to two or more vendees to whom shall ownership of the thing pertain? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (245) What is meant by possession in good faith? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (246) What is meant by registrant in good faith? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: Lesson 13J-6 GQs SALE BY AUCTION (247) What is sale by auction? LA-LEGAL ANSWER/S:

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In the case of a sale by auction: (1) Where goods are put up for sale by auction in lots, each lot is the subject of a separate contract of sale. (2) A sale by auction is perfected when the auctioneer announces its perfection by the fall of the hammer, or in other customary manner. Until each announcement is made, any bidder may retract his bid; and the auctioneer may withdraw the goods from the sale unless the auction has been announced to be without reserve. (3) A right bid may be reserved expressly by or on behalf of the seller, unless otherwise provided by law or by stipulation. (4) When notice has not been given that a sale by auction is subject to a right to bid on behalf of the seller, it shall not be lawful for the seller to bid himself or to employ or induce any person to bid at such sale on his behalf or for the auctioneer, to employ or induce any person to bid at such sale on behalf of the seller or knowingly to take any bid from the seller or any person employed by him. Any sale contravening this rule may be treated as fraudulent by the buyer. LD/ELEGAL DISCUSSIONS/EXPLANATIONS: In the case of a sale by auction: (1) Where goods are put up for sale by auction in lots, each lot is the subject of a separate contract of sale.

(2) A sale by auction is perfected when the auctioneer announces its perfection by the fall of the hammer, or in other customary manner. Until each announcement is made, any bidder may retract his bid; and the auctioneer may withdraw the goods from the sale unless the auction has been announced to be without reserve. (3) A right to bid may be reserved expressly by or on behalf of the seller, unless otherwise provided by law or by stipulation. (4) Where notice has not been given that a sale by auction is subject to a right to bid on behalf of the seller, it shall not be lawful for the seller to bid himself or to employ or induce any person to bid at such sale on his behalf or for the auctioneer, to employ or induce any person to bid at such sale on behalf of the seller or knowingly to take any bid from the seller or any person employed by him. Any sale contravening this rule may be treated as fraudulent by the buyer. LB/R- LEGAL BASIS: Article 1476 of the Civil Code of the Philippines also known as Republic Act 386 LS-LEGAL SOURCE: (248) When is sale by auction perfected? LA-LEGAL ANSWER/S: In the case of a sale by auction:

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(1) Where goods are put up for sale by auction in lots, each lot is the subject of a separate contract of sale. (2) A sale by auction is perfected when the auctioneer announces its perfection by the fall of the hammer, or in other customary manner. Until each announcement is made, any bidder may retract his bid; and the auctioneer may withdraw the goods from the sale unless the auction has been announced to be without reserve. (3) A right to bid may be reserved expressly by or on behalf of the seller, unless otherwise provided by law or by stipulation. (4) Where notice has not been given that a sale by auction is subject to a right to bid on behalf of the seller, it shall not be lawful for the seller to bid himself or to employ or induce any person to bid at such sale on his behalf or for the auctioneer, to employ or induce any person to bid at such sale on behalf of the seller or knowingly to take any bid from the seller or any person employed by him. Any sale contravening this rule may be treated as fraudulent by the buyer. LD/ELEGAL DISCUSSIONS/EXPLANATIONS: Sale perfected by the fall of the hammer. – In putting up the goods for sale, the seller is merely making an invitation to those present to make offers which they do by making bids, one of which is ultimately accepted. Each bid is

an offer and the contract is perfected only by the fall of the hammer or in other customary manner. LB/R- LEGAL BASIS: Article 1476 of the Civil Code of the Philippines also known as Republic Act 386 LS-LEGAL SOURCE: p. 29. De Leon, H. S. (2013) The Law on Sales, Agency and Credit Transactions. (2013) Manila : Rex Book Store. (249) In, auction sale can be auctioneer withdraw the goods from the sale? LA-LEGAL ANSWER/S: In case of a sale by auction: (1) Where goods are put up for sale by auction in lots, each lot is the subject of a separate contract of sale. (2) A sale by auction is perfected when the auctioneer announces its perfection by the fall of the hammer, or in other customary manner. Until each announcement is made, any bidder may retract his bid; and the auctioneer may withdraw the goods from the sale unless the auction has been announced to be without reserve. (3) A right to bid may be reserved expressly by or on behalf of the seller, unless otherwise provided by law or by stipulation. (4) Where notice has not been given that a sale by auction is subject to a right to bid on behalf of the seller, it shall not be lawful for the seller to bid himself or to employ or induce

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any person to bid at such sale on his behalf or for the auctioneer, to employ or induce any person to bid at such sale on behalf of the seller or knowingly to take any bid from the seller or any person employed by him. Any sale contravening this rule may be treated as fraudulent by the buyer. LD/ELEGAL DISCUSSIONS/EXPLANATIONS: It follows that the bidder may retract his bid and the auctioneer may withdraw the goods from sale any time before the hammer falls. However, if the sale has been announced to be without reserve, the auctioneer cannot withdraw the goods from sale once a bid has been made and the highest bidder has a right to enforce his bid. LB/R- LEGAL BASIS: Article 1476 of the Civil Code of the Philippines also known as Republic Act 386 LS-LEGAL SOURCE: p. 29. De Leon, H. S. (2013) The Law on Sales, Agency and Credit Transactions. (2013) Manila ; Rex Book Store. (250) Is the seller or his agent allowed to bid? LA-LEGAL ANSWER/S: In the case of a sale by auction: (1) Where goods are put up for sale by auction in lots, each lot is the subject of a separate contract of sale. (2) A sale by auction is perfected when the auctioneer

announces its perfection by the fall of the hammer, or in other customary manner. Until each announcement is made, any bidder may retract his bid; and the auctioneer may withdraw the goods from the sale unless the auction has been announced to be without reserve. (3) A right to bid may be reserved expressly by or on behalf of the seller, unless otherwise provided by law or by stipulation. (4) Where notice has not been given that a sale by auction is subject to a right to bid on behalf of the seller, it shall not be lawful for the seller to bid himself or to employ or induce any person to bid at such sale on his behalf or for the auctioneer, to employ or induce any person to bid at such sale on behalf of the seller or knowingly to take any bid from the seller or any person employed by him. Any sale contravening this rule may be treated as fraudulent by the buyer. LD/ELEGAL DISCUSSIONS/EXPLANATIONS: The seller or his agent may bid in an auction sale provided: (a) such right was reserved; (b) notice was given that the sale is subject to a right to bid on behalf of the seller; and (c) the right to bid by the seller is not prohibited by law or stipulation. LB/R- LEGAL BASIS: Article 1476 of the Civil Code of the Philippines also known as Republic Act 386

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LS-LEGAL SOURCE: p. 29. De Leon, H. S. (2013) The Law on Sales, Agency and Credit Transactions. (2013) Manila ; Rex Book Store. (251) What is “puffing” or by – bidding? LA-LEGAL ANSWER/S: In the case of a sale by auction: (1) Where goods are put up for sale by auction in lots, each lot is the subject of a separate contract of sale. (2) A sale by auction is perfected when the auctioneer announces its perfection by the fall of the hammer, or in other customary manner. Until each announcement is made, any bidder may retract his bid; and the auctioneer may withdraw the goods from the sale unless the auction has been announced to be without reserve. (3) A right to bid may be reserved expressly by or on behalf of the seller, unless otherwise provided by law or by stipulation. (4) Where notice has not been given that a sale by auction is subject to a right to bid on behalf of the seller, it shall not be lawful for the seller to bid himself or to employ or induce any person to bid at such sale on his behalf or for the auctioneer, to employ or induce any person to bid at such sale on behalf of the seller or knowingly to take any person employed by him. Any sale contravening this rule may be treated as fraudulent by the buyer.

LD/ELEGAL DISCUSSIONS/EXPLANATIONS: Person who, without any intention to buy, are employed by the seller to raise the price by fictitious bids, thereby increasing the competition among the bidders, while they themselves are secured from risk by a secret undertaking with the seller that they shall not be bound by their bids. LB/R- LEGAL BASIS: Article 1476 of the Civil Code of the Philippines also known as Republic Act 386 LS-LEGAL SOURCE: (252) Under what circumstances the auction sale may be treated as fraudulent by the buyer? LA-LEGAL ANSWER/S: In the case of a sale by auction: (1) Where goods are put up for sale by auction in lots, each lot is the subject of a separate contract of sale. (2) A sale by auction is perfected when the auctioneer announces its perfection by the fall of the hammer, or in other customary manner. Until each announcement is made, any bidder may retract his bid; and the auctioneer may withdraw the goods from the sale unless the auction has been announced to be without reserve. (3) A right to bid may be reserved expressly by or on behalf of the seller, unless otherwise provided by law or by stipulation.

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Where notice has not been given that a sale by auction is subject to a right to bid on behalf of the seller, it shall not be lawful for the seller to bid himself or to employ or induce any person to bid at such sale on his behalf or for the auctioneer, to employ or induce any person to bid at such sale on behalf of the seller or knowingly to take any bid from the seller or any person employed by him. Any sale contravening this rule may be treated as fraudulent by the buyer. LD/ELEGAL DISCUSSIONS/EXPLANATIONS: Though bidding by the seller or his agent is fraudulent, a right to bid may be expressly reserved by or on behalf of the seller. It is, therefore, the secrecy of puffing which renders it a fraud upon bidding. Where there is notice of the intention to bid by the seller, the bidding in such a case would not operate as a fraud. LB/R- LEGAL BASIS: Article 1476 of the Civil Code of the Philippines also known as Republic Act 386 LS-LEGAL SOURCE: p. 29-30. De Leon, H. S. (2013) The Law on Sales, Agency and Credit Transactions. (2013) Manila : Rex Book Store. Lesson 14-9 GQs RULES ON LOSS/DETERIORATION/IMPROVEMENT (253) What is loss in contemplation of the law? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS:

LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (254) What are the kinds of loss? LA-LEGAL ANSWER/S: When the conditions have been imposed with the intention of suspending the efficacy of an obligation to give, the following rules shall be observed in case of the improvement, loss or deterioration of the thing during the pendency of the condition: (1) If the thing is lost without the fault of the debtor, the obligation shall be extinguished; (2) If the thing is lost through the fault of the debtor, he shall be obliged to pay damages; it is understood that the thing is lost when it perishes, or goes out of commerce, or disappears in such a way that its existence is unknown or it cannot be recovered; (3) When the thing deteriorates without the fault of the debtor, the impairment is to be borne by the creditor; (4) If it deteriorates through the fault of the debtor, the creditor may choose between the recession of the obligation and its fulfillment, with indemnity for damages in either case; (5) If the thing is improved by its nature, or by the time, the improvement shall inure to the benefit of the creditor; (6) If it is improved at the expense of the debtor, he shall have no other right than that granted to the usufructuary. (1122) LD/ELEGAL DISCUSSIONS/EXPLANATIONS:

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Loss in civil law may be: (1) Physical Loss – when a thing perishes as when a house is burned and reduced to ashes; (2) Legal Loss – when a thing goes out of commerce or when a thing heretofore legal becomes illegal; or (3) Civil Loss – when a thing disappears in such a way that its existence is unknown; or even if known, it cannot be recovered, whether as a matter of fact or of law. LB/R- LEGAL BASIS: Article 1189 of the Civil Code of the Philippines also known as Republic Act 386 LS-LEGAL SOURCE: p. 101. De Leon, H. S. (2011) The Law on Obligation and Contracts. (2011) Manila : Rex Book Store. (255) What is meant by deterioration? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (256) What is meant by improvement? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (257) What are the rules anent loss vis-à vis sale? LA-LEGAL ANSWER/S: In case of loss, deterioration or improvement of the thing before its delivery, the rules in article 1189 shall be observed, the vendor being considered the debtor.

LD/ELEGAL DISCUSSIONS/EXPLANATIONS: Article 1189 of the Civil Code states: “When the conditions have been imposed with the intention of suspending the efficacy of an obligation to give, the following rules shall be observed in case of the improvement, loss or deterioration of the thing during the pendency of the condition: (1) If the thing is lost without the fault of the debtor, the obligation shall be extinguished; (2) If the thing lost through the fault of the debtor, he shall be obliged to pay damages; it is understood that the thing is lost when it perishes, or goes out of commerce, or disappears in such a way that its existence is unknown or it cannot be recovered; (3) When the thing deteriorates without the fault of the debtor, the impairment is to be borne by the creditor; (4) If, it deteriorates through the fault of the debtor, the creditor may choose between the rescission of the obligation and its fulfillment, with indemnity for damages in either case; (5) If the thing is improved by its nature, or by time, the improvement shall inure to the benefit of the creditor; (6) If it is improved at the expense of the debtor, he shall have no other right than that granted to the usufructuary.” LB/R- LEGAL BASIS: Article 1538 of the Civil Code of the Philippines also known as Republic Act 386

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LS-LEGAL SOURCE: p. 121-122. De Leon, H. S. (2013) The Law on Sales, Agency and Credit Transactions. (2013) Manila : Rex Book Store. (258) What are the rules anent deterioration vis-v-vis sale? LA-LEGAL ANSWER/S: In case of loss, deterioration or improvement of the thing before its delivery, the rules in article 1189 shall be observed, the vendor being considered the debtor. LD/ELEGAL DISCUSSIONS/EXPLANATIONS: Article 1189 of the Civil Code states: “When the conditions have been imposed with the intention of suspending the efficacy of an obligation to give, the following rules shall be observed in case of the improvement, loss or deterioration of the thing during the pendency of the condition: (1) If the thing is lost without the fault of the debtor, the obligation shall be extinguished; (2) If the thing lost through the fault of the debtor, he shall be obliged to pay damages; it is understood that the thing is lost when it perishes, or goes out of commerce, or disappears in such a way that its existence is unknown or it cannot be recovered; (3) When the thing deteriorates without the fault of the debtor, the impairment is to be borne by the creditor; (4) If, it deteriorates through the fault of the debtor, the creditor may choose between the

rescission of the obligation and its fulfillment, with indemnity for damages in either case; (5) If the thing is improved by its nature, or by time, the improvement shall inure to the benefit of the creditor; (6) If it is improved at the expense of the debtor, he shall have no other right than that granted to the usufructuary.” LB/R- LEGAL BASIS: Article 1538 of the Civil Code of the Philippines also known as Republic Act 386 LS-LEGAL SOURCE: p. 121-122. De Leon, H. S. (2013) The Law on Sales, Agency and Credit Transactions. (2013) Manila : Rex Book Store. (259) What are the rules anent improvement vis-à-vis sale? LA-LEGAL ANSWER/S: In case of loss, deterioration or improvement of the thing before its delivery, the rules in article 1189 shall be observed, the vendor being considered the debtor. LD/ELEGAL DISCUSSIONS/EXPLANATIONS: Article 1189 of the Civil Code states: “When the conditions have been imposed with the intention of suspending the efficacy of an obligation to give, the following rules shall be observed in case of the improvement, loss or deterioration of the thing during the pendency of the condition: (1) If the thing is lost without the fault of the debtor, the obligation shall be extinguished;

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(2) If the thing lost through the fault of the debtor, he shall be obliged to pay damages; it is understood that the thing is lost when it perishes, or goes out of commerce, or disappears in such a way that its existence is unknown or it cannot be recovered; (3) When the thing deteriorates without the fault of the debtor, the impairment is to be borne by the creditor; (4) If, it deteriorates through the fault of the debtor, the creditor may choose between the rescission of the obligation and its fulfillment, with indemnity for damages in either case; (5) If the thing is improved by its nature, or by time, the improvement shall inure to the benefit of the creditor; (6) If it is improved at the expense of the debtor, he shall have no other right than that granted to the usufructuary.” LB/R- LEGAL BASIS: Article 1538 of the Civil Code of the Philippines also known as Republic Act 386 LS-LEGAL SOURCE: p. 121-122. De Leon, H. S. (2013) The Law on Sales, Agency and Credit Transactions. (2013) Manila : Rex Book Store. (260) If the thing object of the contract of sale is lost, who shall suffer the risk of loss? LA-LEGAL ANSWER/S: In case of loss, deterioration or improvement if the thing before its delivery, the rules in article 1189 shall be observed, the vendor being considered the debtor.

LD/ELEGAL DISCUSSIONS/EXPLANATIONS: Article 1189 of the Civil Code states: “When the conditions have been imposed with the intention of suspending the efficacy of an obligation to give, the following rules shall be observed in case of the improvement, loss or deterioration of the thing during the pendency of the condition: (1) If the thing is lost without the fault of the debtor, the obligation shall be extinguished; (2) If the thing lost through the fault of the debtor, he shall be obliged to pay damages; it is understood that the thing is lost when it perishes, or goes out of commerce, or disappears in such a way that its existence is unknown or it cannot be recovered; (3) When the thing deteriorates without the fault of the debtor, the impairment is to be borne by the creditor; (4) If, it deteriorates through the fault of the debtor, the creditor may choose between the rescission of the obligation and its fulfillment, with indemnity for damages in either case; (5) If the thing is improved by its nature, or by time, the improvement shall inure to the benefit of the creditor; (6) If it is improved at the expense of the debtor, he shall have no other right than that granted to the usufructuary.” LB/R- LEGAL BASIS:

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Article 1538 of the Civil Code of the Philippines also known as Republic Act 386 LS-LEGAL SOURCE: p. 121-122. De Leon, H. S. (2013) The Law on Sales, Agency and Credit Transactions. (2013) Manila : Rex Book Store. (261) What are the rules to govern in case the object of the contract is lost? LA-LEGAL ANSWER/S: In case of loss, deterioration or improvement of the thing before its delivery, the rules in article 1189 shall be observed, the vendor being considered the debtor. LD/ELEGAL DISCUSSIONS/EXPLANATIONS: Article 1189 of the Civil Code states: “When the conditions have been imposed with the intention of suspending the efficacy of an obligation to give, the following rules shall be observed in case of the improvement, loss or deterioration of the thing during the pendency of the condition: (1) If the thing is lost without the fault of the debtor, the obligation shall be extinguished; (2) If the thing lost through the fault of the debtor, he shall be obliged to pay damages; it is understood that the thing is lost when it perishes, or goes out of commerce, or disappears in such a way that its existence is unknown or it cannot be recovered; (3) When the thing deteriorates without the fault of the debtor, the impairment is to be borne by the creditor;

(4) If, it deteriorates through the fault of the debtor, the creditor may choose between the rescission of the obligation and its fulfillment, with indemnity for damages in either case; (5) If the thing is improved by its nature, or by time, the improvement shall inure to the benefit of the creditor; (6) If it is improved at the expense of the debtor, he shall have no other right than that granted to the usufructuary.” LB/R- LEGAL BASIS: Article 1538 of the Civil Code of the Philippines also known as Republic Act 386 LS-LEGAL SOURCE: p. 121-122. De Leon, H. S. (2013) The Law on Sales, Agency and Credit Transactions. (2013) Manila : Rex Book Store. Lesson 15-25 GQs ACTIONS (262) What is action? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (263) What is action vis-à-vis sale? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (264) What is breach of contract? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE:

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(265) What remedies are available for breach of contract of sale? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (266) What is an action for rescission? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (267) What is an action for proportionate reduction of the price? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (268) What is the Latin term for such action? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (269) What are the rights of the vendee in case the vendor could not deliver everything designated in the contract? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (270) Within what time shall the action for either rescission of the contract or the proportionate reduction of the price expire? LA-LEGAL ANSWER/S:

LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE:

LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE:

(271) Where the obligation of either the vendor or the vendee to a contract of sale is subject to any condition which is not performed, what are the remedies of the parties? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE:

(276) Who may file an action for the breach of contract of sale of goods? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE:

(272) What are the cases where the vendee cannot suspend the payment of the price? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (273) When may the vendor immediately sue for rescission of the sale of immovable property? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (274) What is the effect of a stipulation in a contract of sale of immovable property authorizing automatic rescission of the sale? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (275) When shall automatic rescission of the sale of movable property take place? LA-LEGAL ANSWER/S:

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(277) What are the actions available for breach of the contract of sale of goods available to the seller? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (278) Under what circumstances can the seller avail of any of the actions for breach of contract of sale of goods? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (279) When may the seller maintain an action against the buyer for damages? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (280) What is the measure of damages the seller can recover from the buyer? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS:

LS-LEGAL SOURCE: (281) When may the seller sue for rescission of the contract? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (282) What are the actions available to the buyer in case of breach of contract by the seller? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (283) What are the requisites to be performed in case the buyer elects to rescind the contract? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (284) Under what cases is the remedy of rescission not available to the buyer? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (285) In case of sale of real estate or a lump sum and not at the rate of a certain sum for a unit of measure or number, what rules apply in case of either a greater or lesser area or number than that stated in the contract? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE:

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(286) If the sale involves two or more immovables for single price which aside from the boundaries being mentioned, its area or number is designated in the contract when is the vendor considered to have complied with his obligation to deliver? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: Lesson 16-37 GQs EXTINGUISHMENT OF SALE (287) How is contract of sale extinguished? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (288) What is conventional redemption? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (289) What is the Latin term/another term for a sale with a right to repurchase? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (290) Does conventional redemption apply to sales of both immovable and movable property? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS:

LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (291) What are the cases where the contract with a right to repurchase be presumed as an equitable mortgage? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (292) What is equitable mortgage? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (293) In case of doubt, how shall a contract purporting to be a sale with right to repurchase be construed? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (294) What is the remedy in case the parties really intended a mortgage but the instrument states that it is an absolute sale or with a right to repurchase? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (295) Within what period shall the right to repurchase be exercised by the vendor? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE:

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(296) In the case of sale of immovable property with a right to repurchase, does absolute ownership automatically transfer to the vendee if the vendor fails to repurchase within the period stipulated? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (297) Against whom shall the vendor bring his action to repurchase? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (298) Who else aside from the vendor may exercise the vendor’s right or repurchase? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (299) If the vendor sells a part of an undivided immovable with a right to purchase to the vendee, and the vendee subsequently acquires the whole immovable under Art. 498, can the vendor be compelled to redeem the whole property if he wishes to make use of his right of redemption? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (300) If several co-owners of an undivided immovable sold their shares jointly or collectively, in the same contract with a right of

repurchase may anyone of them exercise his right for more than his respective share? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (301) In the case a person sells an immovable alone with a right to repurchase dies before exercising his right of redemption, leaving several heirs, may the heirs exercise his right of redemption? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (302) If each one of the co-owners of an undivided immovable sells his share separately but to the same vendee, can the vendee be compelled to allow partial redemption? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (303) Should the vendee a retro leave several heirs, against whom shall the action for redemption be brought? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (304) What requites must be complied with before the vendor can exercise his right of redemption? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS:

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LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (305) In case a piece of land is sold with a right to repurchase and the vendor avails himself of the right of redemption what are the rights of the redemption what are the rights of the parties to the fruits of the land? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (306) In what condition shall the vendor a retro recover the thing sold? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (307) Define Legal Redemption. LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (308) Who are granted the right of legal redemption? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (309) What is the purpose of granting the right of legal redemption to coowners? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE:

(310) What requisites must be present for a co-owner to exercise the right of legal redemption? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (311) For how much shall the co-owner redeem the property sold? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (312) What is the rule if two or more coowners desire to exercise the right of redemption? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (313) If a co-owner sells his share to another co-owner can the other coowner exercise the right of redemption? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (314) Which adjoining owners are granted the right of redemption? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (315) What requisites must be present for adjacent owners of rural lands to exercise the right of legal redemption?

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LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (316) Should two or more adjoining landowners desire to exercise the right of redemption at the same time, which of them should be preferred? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (317) What are the rights of owners of adjoining urban lands in the case of sale of urban lands? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (318) When shall the adjacent owners of urban lands exercise the right of pre-emption? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (319) When shall the owners of the adjoining lands exercise the right of redemption? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (320) Who shall be preferred in case two or more owners of adjoining lands wish to exercise the right of preemption of redemption? LA-LEGAL ANSWER/S:

LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (321) Within what time shall the right of pre-emption or redemption be exercised? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (322) What requisite must be followed so that the deed of sale can be recorded in the Registry of Property? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE: (323) If both co-owners and adjoining owners would want to exercise the right of redemption at the same time, who shall be preferred? LA-LEGAL ANSWER/S: LD/ELEGAL DISCUSSIONS/EXPLANATIONS: LB/R- LEGAL BASIS: LS-LEGAL SOURCE:

end of SALES-(323 GQ)

THE GREATER THE DIFFICULTY; THE GREATER THE GLORY! YOU WILL BECOME A CPA! Prepared by: ATTY. GENE B. CALONGE Assistant Professor

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