18 Questions
In a contract of sale, when does the gross inadequacy of price affect the validity of the contract?
When the inadequate price indicates a defect in consent or that the parties intended a donation or other contract.
What could lead to the annulment of a sale due to vitiated consent?
Use of insidious words or machinations by the buyer to persuade the seller to agree to a lower price.
What makes a sale void when it comes to simulated or false pricing?
If one party makes it appear that a certain price is paid but in reality, there is no consideration exchanged.
Why is consideration essential in a sale agreement?
To demonstrate that something of value is exchanged between the parties involved in the sale.
What action can a seller take if there is no consideration exchanged in a sale?
Show that there was no intent to sell but to give the item as a gift.
Under what circumstances does gross inadequacy of price not affect the validity of a contract of sale?
When inadequate pricing shows a defect in consent or an intention for donation or another contract.
When does the buyer bear the risk of loss to the thing in a sale?
At the time of perfection of the contract
In what situation is the seller's obligation to deliver extinguished if the thing is lost due to a fortuitous event?
When the provisions of law provide that the seller shall still be liable
When does the buyer's obligation remain to subsist despite the thing being lost due to a fortuitous event?
When there is a stipulation to the contrary
Under what circumstance does the seller bear the risk of loss in a sale according to Article 1504?
Until actual or constructive delivery
What principle does the second rule mentioned in the text align with?
'Res perit domino' - the thing perishes with the owner
When are goods at the buyer's risk in a sale according to the text?
If there is an agreement to that effect
What duty does the seller have regarding the thing sold after the contract is perfected but before delivery?
The seller must preserve the thing with the diligence of a good father of family.
When does the buyer have the right to the fruits of the thing sold?
From the time of perfection of the contract.
What happens if there is a complete loss of the thing sold before the contract is perfected?
The sale is void as there is no object of sale.
In case of partial loss before the contract is perfected, what options does the buyer have?
Buyer can withdraw from the contract or demand the remaining part paying its proportionate price.
When does the buyer bear the risk of loss according to one view mentioned in the text?
Before perfection of the contract.
What standard of care is expected from the seller in preserving the thing sold?
'Diligence of a good father of family.'
This quiz explores the prohibition on judicial officers, lawyers, and other court personnel from acquiring property or rights involved in litigation within their jurisdiction. It includes regulations on acquiring such property through assignment.
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