Podcast
Questions and Answers
Who bears the loss if it occurs before the perfection of the sale and is due to the fault of the vendor?
Who bears the loss if it occurs before the perfection of the sale and is due to the fault of the vendor?
- The vendor (correct)
- The buyer
- The vendee
- No one, the contract is inexistent
According to Res Perit Creditori view, who bears the loss if there is no fault in the loss?
According to Res Perit Creditori view, who bears the loss if there is no fault in the loss?
- Vendee (correct)
- Vendor
- No one
- Buyer
Which theory suggests the vendee bears the loss before delivery of the object of sale?
Which theory suggests the vendee bears the loss before delivery of the object of sale?
- First theory
- Roman Law theory
- Second theory (correct)
- Fiduciary theory
What happens to the contract if the object of sale does not exist at the time of perfection?
What happens to the contract if the object of sale does not exist at the time of perfection?
Why is ownership not transferred until after delivery in sales contracts?
Why is ownership not transferred until after delivery in sales contracts?
Under which theory are reciprocal obligations considered distinct stipulations in a contract?
Under which theory are reciprocal obligations considered distinct stipulations in a contract?
What happens if a thing is considered lost before or at the time of perfection in a contract?
What happens if a thing is considered lost before or at the time of perfection in a contract?
In case of partial loss, what are the alternative remedies available to the vendee?
In case of partial loss, what are the alternative remedies available to the vendee?
When does the buyer have the option to consider a sale avoided or cancelled?
When does the buyer have the option to consider a sale avoided or cancelled?
What happens in case of loss or deterioration of a mass of specific goods?
What happens in case of loss or deterioration of a mass of specific goods?
What is involved in actual delivery of a sold item?
What is involved in actual delivery of a sold item?
What happens when an object perishes, goes out of commerce, or disappears in such a way that its existence is unknown?
What happens when an object perishes, goes out of commerce, or disappears in such a way that its existence is unknown?
Who bears the loss, destruction, or deterioration of a thing in the absence of a perfected contract between parties?
Who bears the loss, destruction, or deterioration of a thing in the absence of a perfected contract between parties?
Which type of contract does not require separate consideration: option contract or right of first refusal?
Which type of contract does not require separate consideration: option contract or right of first refusal?
What is the primary difference between option contract and right of first refusal on the subject matter?
What is the primary difference between option contract and right of first refusal on the subject matter?
Why is the consideration for an option contract required to be separate?
Why is the consideration for an option contract required to be separate?
In which contract is the price considered unimportant: option contract or right of first refusal?
In which contract is the price considered unimportant: option contract or right of first refusal?
Which contract involves only an opportunity for the buyer to enter into a contract of sale, with no specific performance required?
Which contract involves only an opportunity for the buyer to enter into a contract of sale, with no specific performance required?