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Philippine Bar review · Question

Practice question: Real vs. Consensual Contracts

Multiple Choice Medium Jurisprudence

Practice question

A buyer and seller validly agree on a specified object and price in an ordinary consensual sale, with no special condition preventing perfection. The seller says absence of delivery means no sale agreement can yet exist. What is correct?
  1. Every sale is a real contract
  2. Only a pledge can ever be binding
  3. Delivery and consent are always the same event
  4. The ordinary sale can be perfected by consent; delivery and transfer consequences are separate inquiries
  5. A sale is necessarily void until notarized

Legal references

  • Civil Code, Articles 1315 and 1475: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360

Answer this question in flashcards to review your response and continue practicing.