BM1808
FOCUSED LISTING
Directions: List all your learnings from the discussion. Write your answers on the spaces provided.
1. Requisites of a valid object of sale
There are four (4) requisites of a valid object of sale:
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The thing must be within the commerce of men.
The thing must not be contrary to law, morals, good customs, public order or public policy.
The thing must be determinate.
The vendor must have the right to transfer ownership at the time of delivery
2. Sale of things having potential existence
Based to Article 1461 These are the things having potential existence may be the contract
of sale:
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“Emptio rei speratae” (sale of thing with potential existence) is the sale of a thing not yet in
existence subject to the condition that the thing will exist, and on failure of the condition, the
contract becomes ineffective and hence, the buyer has no obligation to pay the price .
 “Emptio spei” (sale of mere hope or expectancy) is the sale of the hope itself that the thing
will come into existence, where it is agreed that the buyer will pay the price even if the thing
does not eventually exist. However, sale of vain hope or expectancy is void, such as the
sale of losing a ticket already drawn.
3. Rules on the sale of fungible goods
Based to Article 1464 these are the following rules that must be observed:
 If the quantity, i.e., number, weight or measure, of the mass is more than the quantity sold, the
parties shall become co-owners of the mass.
 If the quantity of the mass is less than the quantity sold, the buyer becomes the owner of the
whole mass, with the seller being bound to make good the deficiency from goods of the same
kind and quality, unless a contrary intent appears.
4. Existing and future goods
 Existing goods – Based to Article 1462, those that are owned or possessed by the seller
may be the object of sale.
 Future goods – B a s e d t o Article 1462 that the cover goods that are to be
manufactured, raised, or acquired by the seller after the perfection of the contract of
sale.
Notes:
Based to Article 1347, par. 2; Future inheritance, however, cannot be sold.
The seller need not be the owner of the thing sold at the time of the perfection of the
contract. It is sufficient that he is the owner at the time it is delivered.
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01 Activity 2
*Property of STI