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In a double sale, when is there no double sale?
In a double sale, when is there no double sale?
- The two different contracts of sale are made by two different persons
- The principle of prior tempore, prior jure applies
- Not all elements of a sale are present (correct)
- The land sold is not yet registered under the Torrens system
Who is deemed a possessor in good faith?
Who is deemed a possessor in good faith?
- One who possesses the property after the conflicting interests are resolved
- One who possesses the property despite knowing of a flaw in their title
- One who is not aware of any flaw in their title or mode of acquisition (correct)
- One who possesses the property without knowledge of conflicting interests
What is the general rule that applies in cases of double sales?
What is the general rule that applies in cases of double sales?
- The seller has the right to choose the buyer
- The buyer who pays the highest price gets the ownership
- Prior tempore, prior jure (“First in time, priority in right”) applies (correct)
- The buyer who registers the sale first gets the ownership
What may be the basis of good faith according to Article 526, Civil Code?
What may be the basis of good faith according to Article 526, Civil Code?
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Who has the burden of proof when alleging bad faith on the part of a possessor?
Who has the burden of proof when alleging bad faith on the part of a possessor?
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