Practice question
A seller executes a public deed of sale, but the deed expressly states that delivery is withheld until an identified later event. The event has not occurred, and no other delivery has taken place. The buyer relies solely on execution of the public deed as conclusive delivery under Article 1498. Is that reliance sound?
- Yes, a public deed conclusively proves delivery despite its contrary terms
- No, Article 1498's equivalence applies only when the contrary does not appear or cannot clearly be inferred from the deed
- Yes, because payment of a price is always delivery
- No, because a public instrument can never constitute delivery
- Yes, because the buyer's expectation overrides the deed
Legal references
- Civil Code Articles 712, 1475, 1477–1478 and 1496–1501: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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