Scribd
Upload
372 views2 pages

Article 1489-1492 Chapter 2 Capacity To Buy or Sell

This document provides an overview of Article 1489-1492 of the Business Law & Regulations chapter regarding capacity to buy or sell. It defines necessaries and compromise. It discusses that husband and wife cannot sell property to each other except under certain conditions. It also discusses who may enter into a contract of sale, noting exceptions for minors, insane, demented, and deaf-mutes who cannot write. Problems are presented regarding a minor buying shoes and a husband selling property to his wife then becoming bankrupt, explaining the rules or reasons for the answers.

Uploaded by

itsmenatoy
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
372 views2 pages

Article 1489-1492 Chapter 2 Capacity To Buy or Sell

This document provides an overview of Article 1489-1492 of the Business Law & Regulations chapter regarding capacity to buy or sell. It defines necessaries and compromise. It discusses that husband and wife cannot sell property to each other except under certain conditions. It also discusses who may enter into a contract of sale, noting exceptions for minors, insane, demented, and deaf-mutes who cannot write. Problems are presented regarding a minor buying shoes and a husband selling property to his wife then becoming bankrupt, explaining the rules or reasons for the answers.

Uploaded by

itsmenatoy
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 2

AE34 (BUSINESS LAW & REGULATIONS)

Coverage: Article 1489-1492


Chapter 2 CAPACITY TO BUY OR SELL

Activity No. 2
I. Definitions
Define or give the meaning of the following:
1. Necessaries – those things which are needed for sustenance, dwelling, clothing and medical
attendance, in keeping with the financial capacity of the family of the incapacitated person
2. Compromise - contract whereby the parties, by reciprocal concessions, avoid a litigation or
put an end to one already commenced. It is the amicable settlement of a controversy.

II. Discussions
1. Are husband and wife allowed to sell property to each other?
No, the husband and the wife or live-in couples cannot sell property to each other,
except: (1) When a separation of property is agreed on marriage settlement and (2) When there
has been a judicial separation of property.
2. Under the law, who may enter into a contract of sale?
As a general rule, all those who may oblige themselves may enter into a contract of sale.
Except when minor, insane, demented and deaf-mute who do not know how to write.

III. Problems Explain


Explain the rule or reason for your answer
1. B, a minor bought a pai of imported shoes worth P3,000.00 from a department store. Can F,
father, cancel the sale on the ground of minority of B?
Held: It depends, when the minor has no capacity to act. Therefore, the minor is oblige to pay a
reasonable price.
2. H and W are husband and wife. After selling his property to W, H borrowed a big amount of
money from C. It appears that H is now bankrupt. Has C the right to question the sale of H's
property to W in order to have said property answer for H's indebtedness to him?
Held: No, there is a prohibition on that right. But the law prohibits the husband and the wife or
live-in couples cannot sell property to each other, except: (1) When a separation of property is
agreed on marriage settlement and (2) When there has been a judicial separation of property.

You might also like