SALES CHAP 6
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13 Terms
What are the obligations of the seller? (PDsDfW)
To preserve the subject matter
To deliver the subject matter
To deliver the fruits and accesories
To warrant the subject matter
In what matter shall the subject matter be preserved if it is a determinate thing?
It shall be preserved by taking care of it with the proper diligence of a good father of a family
UNLESS: the law or the stipulation of the parties require another standard of care
(Article 1163)
What is the effect of failing to preserve the subject matter?
The seller becomes liable to the buyer for breach of such obligation
What are examples of failing to preserve the subject matter?
Deterioration or lost through the fault of the seller
placeholder // insert ung legal remedies if may deterioration/loss si determinate thing from oblicon book
In what kind of obligation does preservation apply to?
Personal obligations/obligations “to do”
Is the obligation to preserve the subject matter a personal or a real obligation?
It is a personal obligation “to do”
Why is it a personal obligation to preserve the subject matter?
Because it arises as a necessary legal assurance to the buyer that the seller will be able to fully comply with the main obligation to deliver the object of the sale.
In regards to the obligation to deliver the subject matter, what specifically are the obligations of the seller under Article 1495? (OD)
To transfer ownership of the thing sold
To deliver the thing to the buyer
This is consistent with Article 1458, in which it is stated that the obligations of the seller is to “transfer the ownership of and to deliver a determinate thing”.
What is the mode by which the seller transfers ownership of the subject matter?
Mode of tradition or delivery, whether actual or constructive
What does delivery refer to in the law on sales? (PO)
In Cebu WIndland Dev. Corp v. Ong Siao Hua, the Court defined delivery as the concurrent transfer of two things:
possession
ownership
placeholder fruits and accessories