Practice question
A perfected sale involves earnest money credited to the price, but the identified movable remains entirely under the seller's control and no actual or constructive delivery has occurred. No special transfer rule applies. The buyer argues that earnest money's evidentiary effect under Article 1482 itself proves ownership has already passed. Which answer is correct?
- Proof of perfection necessarily equals completed ownership transfer
- Perfection and transfer through delivery are distinct; earnest money alone does not establish the absent delivery
- The sale can never be perfected before delivery in any case
- The earnest payment necessarily becomes a gift
- The seller owns the buyer's bank account
Legal references
- Civil Code Articles 1475, 1477 and 1482: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
- Chavez v. Spouses Gopez, GR 242366, February 26, 2025, main decision: https://lawphil.net/judjuris/juri2025/feb2025/gr_242366_2025.html
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