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Philippine Bar review · Question

Practice question: Contract of Sale vs. Contract to Sell

Multiple Choice Hard

Practice question

A receipt states a definite property and price and presently binds both sides to a sale, subject only to the sellers completing an identified title-transfer event. The established undertaking contains no reservation of a later decision whether to sell. A litigant says any suspensive event makes it a contract to sell. Under Coronel and Chavez, which is correct?
  1. A conditional sale may already contain the necessary consent despite the suspensive event
  2. Every suspensive event necessarily removes consent
  3. Every conditional undertaking is an option only
  4. The receipt must automatically be a donation
  5. The title-transfer event is irrelevant to every issue

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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