Podcast
Questions and Answers
What is the definition of the object or subject matter of a contract?
What is the definition of the object or subject matter of a contract?
What is the definition of 'cause' or 'consideration' in a contract of sale?
What is the definition of 'cause' or 'consideration' in a contract of sale?
What is the requirement for the price in a contract of sale?
What is the requirement for the price in a contract of sale?
What is the definition of 'its equivalent' in a contract of sale?
What is the definition of 'its equivalent' in a contract of sale?
Signup and view all the answers
What is the presumption regarding the consideration in a contract?
What is the presumption regarding the consideration in a contract?
Signup and view all the answers
What is the status of conveyances made by virtue of forged signatures?
What is the status of conveyances made by virtue of forged signatures?
Signup and view all the answers
What is the essential characteristic of a contract of sale?
What is the essential characteristic of a contract of sale?
Signup and view all the answers
What is required for a person to be considered incompetent to contract?
What is required for a person to be considered incompetent to contract?
Signup and view all the answers
Which of the following is NOT an example of a sale against the will of the owner?
Which of the following is NOT an example of a sale against the will of the owner?
Signup and view all the answers
What is the essential requirement for consent in a contract of sale?
What is the essential requirement for consent in a contract of sale?
Signup and view all the answers
Which of the following statements is correct regarding consent in a general contract?
Which of the following statements is correct regarding consent in a general contract?
Signup and view all the answers
What is the main difference between a general contract and a contract of sale?
What is the main difference between a general contract and a contract of sale?
Signup and view all the answers
Study Notes
- Object or subject matter of a contract can be personal or real property, present or future, but must be licit and within the commerce of men.
- Civil code allows sale of credit and sale of inheritance already acquired, but prohibits sale of easements independent of the estate and sale of contagious animals.
- Essential requisites of a contract of sale include the cause or consideration, which is the "price certain in money or its equivalent."
- In a contract of sale, the cause for the vendor is the acquisition of the price certain, and for the vendee, it is the acquisition of the object of the contract.
- Price in a contract of sale must be certain, real, and pecuniary, and gross inadequacy does not affect the contract.
- Conveyances by virtue of forged signature are void from the beginning for lack of consent and consideration.
- A contract of sale involves one party obligating themselves to transfer ownership of a determinate thing, and the other party paying a price certain in money or its equivalent.
- Consent or meeting of the minds is essential, with the seller agreeing to transfer ownership and deliver the thing, and the buyer agreeing to pay the price certain.
- Incompetence to contract is not solely based on age or physical infirmities, but on mental faculties being impaired to protect property rights.
- Sales can occur against the owner's will in cases like expropriation, execution sale, judicial foreclosure sale, and extra-judicial foreclosure sale.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Description
Explore the concept of a contract of sale where one party agrees to transfer ownership of a specific item in exchange for a certain price. Learn about the obligations of the seller and buyer in such agreements.