OBJECT OF THE

CONTRACT OF SALE
 REQUISITES OF THE OBJECT
1. LAWFUL OBJECT (Art. 1459)
2. RIGHT OF THE VENDOR TO TRANSFER
OWNERSHIP (Art. 1459)
3. DETERMINATE THING (ART. 1460)
 1. LAWFUL OBJECT
• Within the commerce of men
• If object is unlawful, the contract is null and
void
• Applies to both voluntary and involuntary
sales
 2. RIGHT OF VENDOR TO
TRANSFER OWNERSHIP
• At the time of delivery
• Example: sale of future things or goods
 3. DETERMINATE THING
a. PARTICULARLY DESIGNATED
b. PHYSICALLY SECREGATED FROM ALL OTHERS
OF THE SAME CLASS
 a. PARTICULARLY DESIGNATE
• Example: Toyota Vios, plate no. ABC 1234,
2014 model, Engine no. 9176284269,
Certificate of Registration no. 0324211396
 b. PHYSICALLY SEGREGATED
• Example: 100 sacks of ganador rice stored at
the warehouse located at Kamagayan, Cebu
City owned by Mr. Raphael Rojas
 KINDS OF OBJECT OF A
CONTRACT OF SALE
1. EXISTING THINGS (Art. 1461 & 1462)
2. FUTURE THINGS (Art. 1461 & 1462)
3. UNDIVIDED INTEREST OF A THING (Art. 1463
& 1464)
4. THINGS SUBJECT TO A RESOLUTORY
CONDITION (Art. 1465)
 1. EXISTING THINGS
• Owned or possessed by the seller at the time
of perfection of the contract
• Sale of hope itself – sale of lotto tickets
 2. FUTURE THINGS
• Things with a potential of existence (unborn
animals) or sale of an expected thing (wine of
a particular vineyard)
• Goods to be manufactured; raised, or
acquired
 3. UNDIVIDED INTEREST
• Example: a portion containing 100 square meters
of a parcel of land with a total area of 1,000
square meters located at Tabok, Mandaue City
• Including sale of undivided share of a specific
mass of fungible (exchangeable) goods (Art.
1464)
• If the mass is less, buyer becomes owner of the
whole mass and seller is obliged to deliver the
difference (Art. 1464)
 4. THINGS SUBJECT TO A
RESOLUTORY CONDITION
• In Pacto de Retro sale, the buyer may sell to
another person subject to the right of
redemption by the seller
 DISTINCTIONS WITH
OTHER CONTRACTS
1. SALE VS. AGENCY TO SELL (Art. 1466)
2. SALE VS. PIECE OF WORK (Art.1467)
3. SALE VS. BARTER (Art. 1468)
 1. SALE VS. AGENCY TO SELL
a) SALE – buyer pays the price
AGENCY – agent delivers the price he got from
the buyer
b) SALE – buyer becomes the owner
AGENCY – agent does not become the owner
c) SALE – seller makes warranties
AGENCY – assumes no personal liability
 2. SALE VS. PIECE OF WORK
• SALE – if ordered in the ordinary course of
business
• PIECE OF WORK – if manufactured specially
and not for the market
 3. SALE VS. BARTER
• FIRST RULE – INTENTION
• IF INTENTION IS NOT CLEAR –
– BARTER – if thing is more valuable than money
– SALE – if 50-50
– SALE – if thing is less valuable than the money