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Philippine Bar review · Question

Practice question: Contract of Sale vs. Contract to Sell

Multiple Choice Easy

Practice question

Which fact is especially important in distinguishing a conditional sale from a mere undertaking to sell later?
  1. Whether the seller has already given consent to the sale, subject to the condition
  2. The color of the receipt
  3. The parties’ handwriting style alone
  4. The number of witnesses alone
  5. The size of the envelope

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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