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Heruela Held That Articles 1191 and 1592 of The Civil Code Are Applicable To Contracts of Incorporated

In a contract to sell, ownership remains with the vendor until full payment of the purchase price, while a deed of sale is absolute if there is no stipulation that title remains with the seller until payment. A conditional sale, like a contract to sell, means ownership stays with the vendor until full payment. Full payment acts as a suspensive condition, so non-payment prevents the obligation to sell from arising. Contracts of sale are governed by the Civil Code, while contracts to sell fall under R.A. No. 6552.

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58 views

Heruela Held That Articles 1191 and 1592 of The Civil Code Are Applicable To Contracts of Incorporated

In a contract to sell, ownership remains with the vendor until full payment of the purchase price, while a deed of sale is absolute if there is no stipulation that title remains with the seller until payment. A conditional sale, like a contract to sell, means ownership stays with the vendor until full payment. Full payment acts as a suspensive condition, so non-payment prevents the obligation to sell from arising. Contracts of sale are governed by the Civil Code, while contracts to sell fall under R.A. No. 6552.

Uploaded by

Gada Abdulcader
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Contracts; contract to sell distinguished from contract of sale; in a contract to sell,

ownership remains with the vendor and does not pass to the vendee until full payment
of the purchase price; a deed of sale is absolute when there is no stipulation in the
contract that title to the property remains with the seller until the full payment of the
purchase price. In a conditional sale, as in a contract to sell, ownership remains with
the vendor and does not pass to the vendee until full payment of the purchase price.
The full payment of the purchase price partakes of a suspensive condition, and non-
fulfillment of the condition prevents the obligation to sell from arising. To differentiate, a
deed of sale is absolute when there is no stipulation in the contract that title to the
property remains with the seller until full payment of the purchase price. Ramos v.
Heruela held that Articles 1191 and 1592 of the Civil Code are applicable to contracts of
sale, while R.A. No. 6552 applies to contracts to sell. Manuel Uy & Sons, Inc. v. Valbueco,
Incorporated, G.R. No. 179594, September 11, 2013.

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