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Questions and Answers
True or false: The contract of sale involves one party transferring ownership and delivering a specific item, while the other party pays a definite price in money or its equivalent.
True or false: The contract of sale involves one party transferring ownership and delivering a specific item, while the other party pays a definite price in money or its equivalent.
True (A)
True or false: The subject matter of a sale must be specifically designated and physically separated.
True or false: The subject matter of a sale must be specifically designated and physically separated.
True (A)
True or false: Consent, object, and consideration are the essential elements of a contract of sale.
True or false: Consent, object, and consideration are the essential elements of a contract of sale.
True (A)
True or false: Negotiation is the first stage in the life of a sale, where prospective parties express their interest in the contract.
True or false: Negotiation is the first stage in the life of a sale, where prospective parties express their interest in the contract.
True or false: Consummation is the final stage in the life of a sale, representing the fulfillment of the contract.
True or false: Consummation is the final stage in the life of a sale, representing the fulfillment of the contract.
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Study Notes
Key Elements and Stages of a Contract of Sale
- Contract of sale involves one party transferring ownership and delivering a specific item, while the other party pays a specific price.
- The subject matter of the sale must be determinate, meaning it must be specifically designated and physically segregated.
- The essential elements of a contract of sale include consent to transfer ownership, a specific object, and a price certain in money or its equivalent.
- The stages of a contract of sale include negotiation, where the parties express their interest, perfection, where they agree on the essential elements, and consummation, where the contract is fulfilled.
- Negotiation is the preparatory stage of a contract of sale and ends when the parties reach an agreement.
- Perfection is the moment when the essential elements of the contract are agreed upon.
- Consummation is the final stage of a contract of sale, where the contract is fulfilled.
- The contract of sale can be absolute or conditional.
- The price in a contract of sale can be paid in money or its equivalent, which may include checks or other negotiable instruments.
- The subject matter of the sale must be particularly designated and physically segregated.
- The contract of sale is governed by Article 1458 and Article 1460 of the law.
- The contract of sale involves the transfer of ownership and delivery of a specific item in exchange for a specific price.
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