Practice question
A unique machine was completely destroyed the day before the parties purported to perfect its sale. The seller claims the buyer must still pay because Article 1504 governs risk after ownership transfer. No prior transfer or separate risk assumption occurred. Which analysis addresses the actual timing?
- Apply only a post-transfer risk rule and ignore the preexisting total loss
- Article 1493 directly addresses the object already entirely lost at perfection, making the purported sale without effect on that basis
- Assume the destroyed machine was delivered after the agreement
- Treat every unique machine as generic
- Require payment merely because a receipt form was prepared
Legal references
- Civil Code Articles 1493–1494 and 1504: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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