ASSIGNMENT NO.

4
OBLIGATIONS OF THE VENDOR

1. Enumerate the principal obligations of the vendor.

Under the Philippine Civil Code, the principal obligations of a vendor are:

a) to transfer the ownership of the determinate thing sold;

b) to deliver the thing, with its accessions and accessories, if any, in the
condition in which they were upon the perfection of the contract (Art.
1537.);

c) to warrant against eviction and against hidden defects(Arts. 1495, 1547.);

d) to take care of the thing, pending delivery, with proper diligence (see Art.
1163.); and

e) to pay for the expenses of the deed of sale, unless there is a stipulation to
the contrary. (Art. 1487.)

2. Discuss the obligation to transfer ownership and to deliver [Article 1495]

Under Article 1495, the vendor is bound to transfer the ownership of and
deliver, as well as warrant the thing which is the object of the sale.

3. When is ownership of the thing sold acquired by the vendee? [Article 1496]

Under Article 1496, the ownership of the thing sold is acquired by the
vendee from the moment it is delivered to him in any of the ways specified in
articles 1497 to 1501, or in any other manner signifying an agreement that
the possession is transferred from the vendor to the vendee.

4. What are the general ways of effecting delivery?

a) by actual or real delivery (Art. 1497.);

b) by constructive or legal delivery (Arts. 1498-1501.); or

c) by delivery in any other manner signifying an agreement that the

possession is transferred to the vendee. (Arts. 1496-1499.)

5. How is constructive delivery effected?

Under the civil law, constructive delivery may be effected in any of the
following ways:

a) by the execution of a public instrument (Art. 1498,vpar. 1.);

 (b) by symbolical tradition or traditio symbolica (ibid., par. 2.);

c) by traditio longa manu (Art. 1499.);

d) by traditio brevi manu (Ibid.);

e) by traditio constitutum possessorium (Art. 1500.); or

f) by quasi-delivery or quasi-traditio. (Art. 1501.)

6. When is the thing sold considered “delivered”? [Article 1497]

Under Article 1497, the thing sold shall be understood as delivered, when it
is placed in the control and possession of the vendee.

7. Discuss the importance of tradition.

Article 1496 emphasizes the importance of tradition as to the following:

1) the transfer of ownership of the thing sold;

2) liability in case of loss as when the thing subject of the sale is placed in
the control and possession of the vendee (Art. 1497.) or his agent, the
delivery is complete and the vendee cannot avoid liability in case the thing is
subsequently lost without the fault of the vendor;

3) Right of vendor to claim payment as when delivery produces its natural

effects in law, the principal and most important of which being the transfer
of ownership without prejudice to the right of the vendor to claim payment
of the price;

4) Consummation of contract, as when delivery of the thing together with

the payment of the price, marks the consummation of the contract of sale;
and

5) 5) Enjoyment of thing sold, as when delivery is also necessary to enable

the vendee to enjoy and make use of the property purchased.

8. When is actually delivery deemed made? Is delivery essential to passing of

title?

Under the civil law, there is actual delivery when the thing sold is placed in
the control and possession of the vendee(Art. 1497.) or his agent.

No, not always essential to passing of title. Actual or manual delivery of an

article sold is not always essential to the passing of title thereto. The parties
to the contract may agree when and on what conditions the ownership in the
subject of the contract shall pass to the buyer. As for example, the parties
may stipulate that ownership in the thing sold shall pass to the vendee only
after he has fully paid the price. (Art. 1478.)
9. What may be considered as proof of delivery?

Under the law, execution of sale in a public instrument is equivalent to

delivery of the thing.

10.Discuss the rules on the execution of a public instrument or document?

[Article 1498]

The execution of a public instrument as a manner of delivery applies to

movable as well as immovable property since the law does not make any
distinction and it can be clearly inferred by the use of the word “also” in
paragraph 2 of Article 1498. This manner of delivery is symbolic. The buyer
may use the documentnas proof of his ownership of the property sold. Under
Article 1498, possession is transferred to the vendee (or lessee) by virtue of
the notarized deed of conveyance.

11.Is actual possession and control necessary before a constructive delivery is

effected?

Yes. Under the law, actual possession and control is necessary to effect the
constructive delivery in sale executed in a public instrument.

12.When is possession of a part constitute constructive possession of the

whole?

When the purchaser took actual possession of the considerable portion of

the land sold by the exercise of possessory acts of clearing the area of trees
and of cultivating the same through tenants, such possession and cultivation
of a part is logically and legally constructive possession of the whole.

13.What are the types of delivery for movable properties? [Article 1499]

The following are types of delivery for movable properties:

a)Traditio longa manu
b)Traditio brevi manu

14.Discuss tradition constitutum possessorium. [Article 1500]

Traditio constitutum possessorium this mode of delivery is the opposite of

traditio brevi manu.
It takes place when the vendor continues in possession of the property sold
not as owner but in some other capacity, as for example, when the vendor
stays as a tenant of the vendee. In this case, instead of the vendor delivering
the thing to the vendee so that the latter may, in turn, deliver it back to the
vendor, the law considers that all these have taken place by mere consent or
agreement of the parties.

15.How is delivery of incorporeal things effected? [Article 1501]

 For incorporeal things, delivery is effected:

1) by the execution of a public instrument; or

2) when that mode of delivery is not applicable, by the placing of the titles of
ownership in the possession of the vendee; or

3) by allowing the vendee to use his rights as new owner with the consent of
the vendor.

16.Discuss (a) contract of sale or return and (b) sale on

trial/approval/satisfaction. [Article 1502]

a) Sale or return is a contract by which property is sold but the buyer, who
becomes the owner of the property on delivery, has the option to return the
same to the seller instead of paying the price.

 Under this contract, the option to purchase or return the goods rests
entirely on the buyer without reference to the quality of the goods. The
buyer may revest the ownership in the seller by returning or tendering
the goods within the time fixed in the contract, or, if no time has been
fixed, within a reasonable time (Art. 1502, par. 1.); otherwise, the sale
becomes absolute and the buyer is liable for the price. The seller cannot,
in this type of sale, prevent the revesting of title by refusing to accept the
return of the property.
 Since title passes to the buyer on delivery, the loss or destruction of the
property prior to the exercise of the buyer’s option to return falls upon
him and renders him responsible to the seller for the purchase price or
such part thereof as remains unpaid. (Art. 1504; 46 Am. Jur. 647.) The
word “return” itself implies a previous transfer of title.

b) Sale on trial or approval. — It is a contract in the nature of an option to

purchase if the goods prove satisfactory, the approval of the buyer being a
condition precedent. (77 C.J.S. 938.)

 In this kind of contract, the title shall continue in the seller until the sale
has become absolute either by the buyer’s approval of the goods, or by
his failing to comply with the express or implied conditions of the
contract as to giving notice of dissatisfaction or as to returning the goods
(Ibid., 655; Art. 1502, Nos. 1 and 2.), or by his doing any other act
adopting the transaction such as mortgaging the property or selling it to
a third person.
 For the reason that the title to the goods does not pass and the
relationship between the seller and the purchaser is that of bailor and
bailee, the risk of loss or injury to the article pending the exercise by the
buyer of his option to purchase or return it, is upon the seller except as
the buyer may be at fault in respect of the care and condition of the
article, or may have agreed to stand the loss. (see 67 Am. Jur. 2d 430-
431.)
  The buyer cannot accept part and reject the rest of the goods since this
falls outside the normal intent of the parties.

17.Distinguish sale or return from sale on trial.

The distinctions are the following:

(1) “Sale or return” is a sale subject to a resolutory condition, while sale on

trial is subject to a suspensive condition;

(2) “Sale or return” depends entirely on the will of the buyer, while sale on
trial depends on the character or quality of the goods;

(3) In “sale or return,” the ownership of the goods passes to the buyer on
delivery and subsequent return of the goods reverts ownership in the seller,
while in sale on trial, the ownership remains in the seller until the buyer
signifies his approval or acceptance to the seller; and

(4) In “sale or return,” the risk of loss or injury rests upon the buyer, while in
sale on trial, the risk still remains with the seller.

Note: Article 1502 uses the phrase “on sale or return.” If the contract uses
instead the phrase “for sale or return,” the intention may be to enter into a
contract of agency.

18.When is parol/extrinsic evidence admissible or inadmissible?

Under jurisprudence, a patrol/extrinsic evidence is admissible when it was

stipulated at the time of the contract. It is likewise inadmissible when it is
used to show that an invoice or bill of sale that was complete in every aspect
and purporting to embody a sale without condition or restriction constituted
a contract of sale or return.

19.What is the general rule and the exceptions on the passing of ownership
upon delivery? [Article 1503]

General rule: The ownership in the goods sold passes

to the buyer upon their delivery to the carrier.

Exceptions:
1) if a contrary intention appears by the terms of the contract (Arts. 1523,
par. 1; 1503, par. 1; see Art. 1478.);

2) in the cases provided in the second and third paragraphs of Article 1523;
and

3) in the cases provided in the first, second, and third paragraphs of Article
1503.

20.What is a bill of lading? Types? Form?

 Under jurisprudence, a bill of lading is a written acknowledgement of the
receipt of goods and an agreement to transport and to deliver them at a
specified place to a person named or on his or her order.

Types:
a) Straight bill of lading: A non-negotiable document that specifies a single
consignee. It's often used when goods are paid in full and shipped directly to
the customer.

b) Order bill of lading: A negotiable document that allows the transfer of

ownership to a third party. It's used when goods are purchased on credit.

c) Bearer bill of lading: A highly negotiable document that doesn't specify a

particular consignee.

21.Discuss the rules:

(a) where seller’s title only for purpose of security and its
significance.
The importance of distinguishing between a title held merely for the purpose
of security and the ordinary case where the seller retains ownership are
two-fold:
1) Risk of loss on buyer. — In the first place, the beneficial owner
(buyer), not the one who holds for security (seller), will be subject to the risk
of loss or deterioration (see Lawyers Cooperative Publishing Co. vs. Tabora,
13 SCRA 762 [1965].) from the time the goods are delivered to the carrier
even though the legal title remains in the seller. That the risk should be
borne by the buyer if the seller retains title merely to secure performance by
the buyer of his obligations under the contract is a consequence of the
theory that such a bargain is, in effect, although not in form, a sale to the
buyer and a mortgage back by him of the goods to secure the price. The title
does not pass to the buyer until he receives the order bill of lading properly
indorsed. (2 Williston, op. cit., p. 219.)

2) Buyer’s right of action based on ownership. — In the second place, the

buyer has more than a mere contract right in regards to the goods. (Ibid., p.
157.) As beneficial owner, he may, as against any one except an innocent
purchaser for value of the bill of lading from the consignee, bring an action
based on ownership on making tender of the price.

(b) where buyer or his agent is consignee.

Where seller or his agent is consignee.

(1) Carrier becomes bailee for seller. — Where goods are shipped and by the
bill of lading (see Art. 1507.), the goods are deliver-able to the seller or his
agent or to the order of the seller or his agent, the seller thereby reserves
the ownership in the goods (par. 2.) and the carrier is a bailee for him and
not the buyer. This principle is applicable even though the goods are shipped
on the buyer’s vessel.
(2) Rights of seller. — The seller may not only retain the goods until the
buyer performs his obligation under the contract, but he may, even in
violation of the contract, dispose of them to third persons. If the seller does
this, of course, he is liable for damages to the buyer but the second
purchaser from the seller acquires a better right. (see 2 Williston, op. cit.,
pp. 152-153.)

(c) where buyer or his agent is consignee but seller retains order bill
of lading.

Where goods are shipped and by the bill of lading the goods are deliverable
to the order of the buyer or of his agent, but possession of the bill of lading
is retained by the seller or his agent, the seller thereby retains a right to the
possession of the goods as against the buyer. (par. 3.)
1) Effect of retention. — Although the property in the goods will ordinarily
pass to the buyer on delivery, the latter is unable to obtain the goods without
the bill. The effect of the retention of the bill of lading, under such
circumstances, controlling as it does the possession of the goods, is,
therefore, closely analogous to the retention of a lien by the seller after the
property has passed to the buyer. (Ibid., p. 163.)

2) Surrender of order bill necessary. — The carrier cannot be compelled to

surrender possession of the goods until the order bill (properly indorsed) has
been surrendered. In an order bill, it cannot with certainty be determined
who is the person named to whose order the goods are deliverable unless
the bill of lading itself is presented.

3) Identification of consignee sufficient in case of straight bill. — On the

other hand, the shipper who issues a straight bill of lading (goods are by its
terms deliverable not to the order of the consignee but to the consignee
only) ordinarily does not require the surrender of the bill by the consignee in
order for the latter to get the goods. The consignee need only to identify
himself. Hence, where the buyer is the consignee, the seller must use an
order bill of lading. (see Ibid., pp. 162-163.)

(d) where a third person who retains the bill is consignee.

Two devices have already been considered by which the seller of goods
retains a hold upon them by means of the bill of lading after he has shipped
them; first, by consigning the goods to himself, either by an order bill or a
straight bill and second, by consigning the goods to the order of the buyer
and retaining possession of the bill of lading.

A third method also in common use is to consign the goods to a third person
(usually a banker) requesting the latter to retain the bill of lading or goods
until payment of the price. When the price is paid, the consignee of the
goods indorses the bill or delivers the goods to the buyer.

1) Immaterial whether bill an order or straight bill. — For the success of this
third device, it is immaterial, so far as the protection of the seller is
 concerned, whether the bill is a straight bill or an order bill.

(a) If it is an order bill, the carrier will not deliver the goods until the bill is
surrendered and the buyer cannot get it so as to make the necessary
surrender except from the holder, the consignee.

(b) Even if it is not an order bill, the carrier, though it may not require the
surrender of the bill of lading, will deliver only to the consignee.
Accordingly, the buyer in either event, is unable to get them except by
obtaining an order from the holder of the bill of lading.
2) Legal title vested in third person. — By naming a third person as
consignee of the bill of lading, the seller vests a legal title in the third
person. This title is held merely for the benefit of the seller if the third
person is the seller’s agent only and has not advanced money of his own to
the seller. Frequently, however, the third person is a banker and by
discounting a draft drawn on the buyer by the shipper, or under an
arrangement with the buyer by paying or accepting a draft drawn on
himself, has acquired a personal interest in the goods. (Ibid., pp. 164-165.)

(3) Risk of loss on buyer. — The buyer as is true where the seller consigns
the goods to himself, or his agent, or to a third person, bears the risk of loss.

(e) where bill of lading sent forward with draft attached.

Where the seller draws on the buyer for the price and transmits the bill of
exchange and the bill of lading together to the buyer to secure acceptance
or payment of the bill of exchange (par. 4.), the title is regarded as retained
in the seller until the bill of exchange is paid. The fact that the bill of lading
and a bill of exchange are attached together indicates that the seller intends
to make the delivery of the goods conditional upon the payment or
acceptance of the draft.

22. What is the effect of buyer obtaining possession of bill of lading

without honoring draft?

As regard third persons, however, if the bill of lading provides that the goods
are deliverable to the buyer or to the order of the buyer (Art. 1507.), or is
indorsed in blank (Art. 1508[2].), or is indorsed to the buyer by the
consignee named therein (Art. 1509.), a purchaser in good faith for value of
the bill of lading or goods from the buyer will obtain the ownership in the
goods although the bill of exchange has not been honored.

23. What is the general rule and the exceptions on the risk of loss
in case of fortuitous events?

As a general rule, if the thing is lost by fortuitous event, the

risk is borne by the owner of the thing at the time of the loss under the
principle of res perit domino..

24. Reconcile Article 1480 and Article 1504.

 Under Article 1480, if the thing sold is lost after perfection of the contract
but before its delivery, that is, even before the ownership is transferred to
the buyer, the risk of loss by fortuitous event without the seller’s fault is
borne by the buyer as an exception to the rule of res perit domino.
Consequently, the buyer’s obligation to pay the price subsists if he has not
yet paid the same or if he had, he cannot recover it from the seller although
the latter’s obligation to deliver the thing is extinguished by its loss.
However, the first paragraph of Article 1504 which has been inserted in our
Civil Code presents a contrary rule. Taken from the American law on sales
(Sec. 22 of the Uniform Sales Act.), it provides that: “Unless otherwise
agreed, the goods remain at the seller’s risk until the ownership therein is
transferred to the buyer.” By Article 1480, as already pointed out, the risk of
loss of the thing after perfection is shifted from the seller to the buyer even
though the buyer has not yet acquired ownership thereof.

25. What is the general rule and the exceptions on sale by a person
who is not the owner thereof? [Article 1505]

It is a fundamental doctrine of law that no one can give what he has not or
transfer a greater right to another than he himself has. Sale is a derivative
mode of acquiring ownership and the buyer gets only such rights as the
seller had. (see Arts. 1458-1459.) A derivative right cannot exist higher than
its source.

26. Apply the rule in Article 1505 to sale of immovables.

it has been ruled that a “fraudulent and forged document of sale may
become the root of a valid title if the certificate of title has already been
transferred from the name of the true owner to the name indicated by the
forger.” Every person dealing in good faith and for valuable consideration
with registered land may safely rely upon what appears in the certificate of
title and does not have to inquire further. If the rule were otherwise, the
efficacy and conclusiveness of Torrens Certificates of Titles would be futile
and nugatory.” (Duran vs. Intermediate Appellate Court, 138 SCRA 489
[1985].) The remedy of the person prejudiced is to bring an action for
damages against those who employed the fraud, within four (4) years after
the discovery of the deception (see Art. 1391.), and if the latter are
insolvent, an action against the Treasurer of the Philippines may be filed for
recovery of damages against the Assurance Fund. (Veloso vs. Court of
Appeals, 73 SCAD 303, 260 SCRA 593 [1996]; Delos Reyes vs. Court of
Appeals, 285 SCRA 81 [1998].)

27. Discuss the rules where the seller of goods has a voidable title.
[Article 1506]

If the seller has only a voidable title to the goods, the buyer acquires a good
title to the goods provided he buys them: (a) before the title of the seller has
 been avoided; (b) in good faith for value; and (c) without notice of the
seller’s defect of title. (see Arts. 1385, 1388.)

28. What is a document of title? [Article 1507] Nature and

function? Common forms? Governing laws? Classes?

Document of title to goods, includes any bill of lading, dock warrant,

“quedan,” or warehouse receipt or order for the delivery of goods, or any
other document used in the ordinary course of business in the sale or
transfer of goods, as proof of the possession or control of the goods, or
authorizing or purporting to authorize the possessor of the document to
transfer or receive, either by indorsement or by delivery, goods represented
by such document. (Art. 1636[1].)

Nature and function of documents of title.

(1) Receipts of, or orders upon, a bailee of goods represented. — Documents

of title refer to goods and not to money. They all have this in common: that
they are receipts of a bailee, or orders upon a bailee. A different name is
given in popular speech to the document when it is issued by a carrier and
when it is issued by a warehouseman, but in substance the nature of the
document is the same in both cases. (see 2 Williston, op. cit., p. 505.)

Most common forms of documents

of title.

There are three most common forms or documents of title,

namely:

(1) Bill of lading. — It is a contract and a receipt for the transport of goods
and their delivery to the person named therein, to order, or to bearer. It
usually involves three persons — the carrier, the shipper, and the consignee.
The shipper and the consignee may be one and the same person. Its
acceptance generally constitutes the contract of carriage even though not
signed. Such instrument may be called a shipping receipt, a forwarder’s
receipt, or receipt for transportation. The designation, however, is
immaterial (Saludo, Inc. vs. Court of Appeals, 207 SCRA 498 [1992].);

(2) Dock warrant. — It is an instrument given by dock owners to an importer

of goods warehoused on the dock as a recognition of the importer’s title to
the said goods, upon production of the bill of lading (see Bouvier’s Law
Dictionary, p. 911.); and

(3) Warehouse receipt. — a contract or receipt for goods deposited with a

warehouseman containing the latter’s undertaking to hold and deliver the
said goods to a specified person, to order, or to bearer. Quedan is a
warehouse receipt usually for sugar received by a warehouseman.
29.Differentiate negotiable document from non-negotiable document of title.
**Skip Article 1508 to Article 1520

Negotiable documents of title are those by the terms of which the bailee
undertakes to deliver the goods to the bearer and those by the terms of
which the bailee undertakes to deliver the goods to the order of a specified
person, while non-negotiable documents of title are those by the terms of
which the goods covered are deliverable to a specified person.

30.Enumerate the rules on place of delivery of goods sold. [Article 1521]

Rules on place of delivery:

1) Where there is an agreement, express or implied, the place of delivery is
that agreed upon;

2) Where there is no agreement, the place of delivery is that determined by

usage of trade;

3) Where there is no agreement and there is also no prevalent usage, the

place of delivery is the seller’s place of business;

4) In any other case, the place of delivery is the seller’s residence; and

5) In case of specific goods, which to the knowledge of the parties at the

time the contract was made were in some other place, that place is the place
of delivery, in the absence of any agreement or usage of trade to the
contrary. (see Art. 1251.)

31.Rules as to the time and hour of delivery of goods sold.

Rules as to time:
1) If no time is fixed by the contract, then the seller is bound to send the
goods to the buyer within a reasonable time;

2) If the contract provides a fixed time for performance, the question is

whether time is of the essence, and if so, whether correct performance was
offered within that time;

3) Where the contract does not specify the time for delivery so that delivery
is to be made within a reasonable time, time is not of the essence.
The demand or tender of delivery to be effectual must be made at a
reasonable hour of the day. (par. 4.)

Rules as to hour:
1) What is a reasonable hour is a question of fact largely dependent upon the
circumstances. Generally, however, where all that is required of the other
party is to receive a payment or performance which can readily be accepted,
it seems probable that any hour when the debtor could find the creditor
 would be reasonable for that purpose.

2) In case of goods which are bulky or needed special care, an hour might be
unreasonable which would not be so in an ordinary payment of a small sum
of money.

(3) Where the question is not merely one of tender but also of demand,
reasonableness will depend on the justifiable expectation that the hour is
reasonable for giving as well as receiving.

32.Discuss the rules on delivery of goods (a) less than the quantity contracted,
(b) more than quantity contracted, (c) mixed with others. [Article 1522]

Rules on delivery of goods less than the quantity contracted:

Where the seller is under a contract to deliver a specific quantity of goods
and he delivers a smaller quantity as full performance of his obligation, the
buyer may reject the goods so delivered. (see Art. 1233.) The buyer may,
however, accept the goods in which case he must pay for their (1) price at
the contract rate if he knew that no more were to be delivered or (2) the fair
value to him of the goods, if he did not know that the seller is going to be
guilty of a breach of contract.

Rules on delivery of goods more than the quantity contracted:

Where the seller delivers a quantity larger than that contracted for, the
buyer may accept the quantity contracted for and reject the excess.
However, if he accepts all the goods delivered, he makes himself liable for
the price of all of them.

Rules on delivery of goods more than the quantity contracted:

33.Rules where the subject matter is indivisible?

34. What is usage of trade and course of dealing?

35.What is the general rule on the delivery to carrier on behalf of buyer?
Exceptions? [Article 1523]
36.Enumerate the presumptions in order that transportation to a common
carrier constitute sufficient delivery to the buyer in order to pass ownership.
37.What are the seller’s duty after delivery to carrier?
38.Define COD, FOB and CIF.
39.What are the reciprocal obligations of the vendor and vendee under Article
1524?
40.Rules where period for payment has been fixed.
41.Who is an unpaid seller? [Article 1525]
42.Enumerate the remedies of an unpaid seller [Article 1526]
43.When unpaid seller’s possessory lien may be exercised? [Article 1527]
44.Effect on the exercise of lien in case of partial delivery [Article 1528]
45.When may an unpaid seller loses possessory lien? [Article 1529]
46.What is a right of stoppage in transit? [Article 1530]
47.When is the right of stoppage in transit applicable? Effect of partial
delivery?
48.What are the effects of exercise of such right by the seller?
49.When are goods in transit? Not in transit? [Article 1531]
50.What are the ways of exercising the right of stoppage in transit? [Article
1532]
51.When is resale allowed? Effect? [Article 1533]
52.When may seller rescind? Effect? Manner? [Article 1534]
53.What are the effects of sale of goods subject to lien or stoppage in transit
[Article 1535]
54.Discuss the right of the vendor to withhold delivery in sale on credit. When
may the vendee lose the right to make use of the period? [Article 1536]
55.Is the vendor obliged to deliver the fruits and accessions of the thing sold?
[Article 1537]. What are accessions and accessories?
56.When is the vendee entitled or not entitled to the fruits?
57.Discuss the rules in case of loss, deterioration, or improvement of thing
before delivery. [Article 1538]
58.What are the two types of pricing agreement in sale of real properties?
59.What are the rules on sale of real property by unit of measure or number.
60.When is a vendee entitled to rescind sale of real property.
61.State the rule where immovable is of a greater area or number [Article
1540]
62.What is the rule applicable on judicial sales? What is a judicial sale? [Article
1541]
63.What are transactions covered and contemplated under Article 1542?
64.What are the rules on sale of real estate made for a lump sum.
65.Rules where there is conflict between area stated and boundaries.
66.Distinguish Article 1539 from 1542
67.Rule on prescription of actions under Articles 1539 and 1542. [Article 1543]
68.When is Article 1544 applicable?
69.Effect of non-compliance with the requisites?
70.Enumerate the rules as to preference of ownership in case of double or
multiple sales.
71.Enumerate the instances where Article 1544 is applicable or not applicable
72.Discuss possession as contemplated under Article 1544.
73.Effect of registration of immovables sold.
74.Who is a purchaser in good faith?
75.Discuss the applicability of good faith in double sales. Who has burden to
prove good faith?
76.Effect of actual knowledge by second buyer of the first sale?
77.What is the general rule and exceptions on the duty of purchaser to look
beyond the certificate.
78. Discuss the rules where (a) property purchased already peaceably
possessed by another (b) purchase with notice of right of repurchase which
has already elapsed, (c) adverse claim or lis pendens previously annotated
on title of property sold.
79.Discuss the duty of buyer to examine the latest certificate of title.
80.Discuss the rules involving sale of unregistered lands.
81.Discuss the rules on execution sales.
82.Is Article 1544 applicable to contracts to sell? Conditional sale?
83.What are other instances where Article 1544 was applied by the court?