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Philippine Bar review · Question

Practice question: Contract of Sale vs. Contract to Sell

Multiple Choice Hard

Practice question

A signed agreement is captioned 'Contract to Sell,' but the facts establish an unconditional perfected sale, immediate consent to transfer ownership, actual delivery, and no reservation of ownership. The buyer may pay later. The seller relies only on the caption to claim that ownership necessarily remained reserved. Which analysis is correct?
  1. The caption always defeats every operative term.
  2. An unpaid price always means no sale was perfected.
  3. The established operative agreement and delivery govern; the caption alone does not create the missing reservation.
  4. The buyer owns nothing until all unrelated debts are paid.
  5. A credit sale is legally impossible.

Legal references

  • https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, Article 1458, 1475, 1477–1478.

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