Philippine Bar review · Question

Practice question: Contract of Sale or Lease

Multiple Choice Hard

Practice question

Seller and buyer agree on a specified machine and price, with delivery on a later date. There has been no actual or constructive delivery and no special ownership-transfer arrangement. A draft states that mere meeting of minds necessarily means ownership has already passed. Which revision best distinguishes the Civil Code rules?
  1. Declare that no contract can ever be perfected before delivery
  2. Declare that all sales require full payment to be perfected
  3. Distinguish perfection by agreement on thing and price from transfer of ownership by actual or constructive delivery
  4. Declare that notarization always substitutes for every form of delivery regardless of circumstances
  5. Omit the delivery arrangements because they can never matter

Legal references

  • Civil Code, Articles 1458, 1460, 1473, 1475, 1477–1478, 1643, 1654 and 1657: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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