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Philippine Bar review · Question

Practice question: Contract of Sale vs. Contract to Sell

Multiple Choice Medium

Practice question

A conditional sale contains present consent to sell, with its effect dependent on a lawful suspensive event. The event occurs. Under the Chavez distinction, is another original decision whether to sell necessarily reserved in the same way as a contract to sell?
  1. No; the conditional sale’s existing consent distinguishes it
  2. Yes; every conditional sale lacks consent forever
  3. Yes; the event automatically makes the buyer a tenant only
  4. Yes; the seller may always disregard the agreed event
  5. Yes; all conditions invalidate a sale

Legal references

  • Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles1186,1458,1478.
  • Chavez v Spouses Gopez GR242366 February26,2025 MAIN: https://lawphil.net/judjuris/juri2025/feb2025/gr_242366_2025.html Contract to sell distinguished from conditional sale.
  • Coronel v Court of Appeals GR103577 October7,1996 MAIN: https://lawphil.net/judjuris/juri1996/oct1996/gr_103577_1996.html Consent and suspensive conditions.

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