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Philippine Bar review · Question

Practice question: Contract of Sale vs. Contract to Sell

Multiple Choice Hard

Practice question

A seller undertakes to convey a specified machine after the buyer obtains a required certification. The seller voluntarily destroys the only records needed to secure it specifically to prevent the buyer’s fulfillment. All requisites of Article1186 are established. May the seller rely solely on the literal nonoccurrence caused by that conduct?
  1. No; the condition is deemed fulfilled under Article1186
  2. Yes; voluntary prevention is never relevant
  3. Yes; a contract to sell authorizes sabotage
  4. Yes; every condition is purely optional for the seller
  5. Yes; the buyer necessarily forfeits every right

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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