Outline 2

OUTLINE 2 EMPTIO REI SPERATAE vs. EMPTIO SPEI (memaid, p.
328)
emptio rei speratae - sale of a thing w potential existence,
1. SUBJECT MATTER OF SALE subject to a suspensive condi that it will come to existence,
Art. 1347 - Object of Contract (things and rights) e.g land subject of a recovery case
Things (not outside commerce of men + future things)
Rights (not transmissible) emptio spei - sale of a mere hope or expectancy (deemed
Art. 1461 - having potential existence subject to a condi that it will come to existence)
Art. 1462 - future goods and those depending on contingency (may e.g. sale of sweepstakes
or may not happen) exception: sale of a vain hope, e.g. sale of a losing sweepstakes
Art. 1463 - sole owner may sell undivided interest ticket already run
Art. 1464 - Fungible Goods exception to exception (Paras): still valid as collector’s item
 Undivided Share of a Specific Mass
either in/definite - buyer becomes common owner of the share  depending upon CONTINGENCY (Art. 1462)
 Mass contains LESS than what is bought - still valid COS even if at the time of perfection, seller was not even
buyer becomes owner of the whole the owner of the thing
seller bound to make good the deficiency of same kind and qual - what’s important is that the thing is of a type or nature, taking into
Art. 1465 - may be subject to a resolutory condition consideration the state of tech and science at time of sale, that it
exists or could be made to exist to allow seller REASONABLE
DEFINE & give EXAMPLES: CERTAINTY of being able to comply with his obligation under the
contract
 must be LICIT (Art. 1459)
lawful (not outside COM, not Intransmissible, not Future  things subject to a RESOLUTORY CONDITION (Art. 1465)
Inheritance unless expressly authotrizes) - valid, upon extinguishment of thing, Art. 1190 applies (return to
each what they have received) thereby reserving commutative
Illicit per se vs. Illicit per accidens nature of sale
per se - by nature, e.g. spoiled food… o acquired under legal or conventional redemption
per acidens - by law e.g. future inheritance, narcotics, firearms.. - (Art. 1601)
- right which the vendor reserves to himself, to reacquire
 within COMMERCE OF MAN (Art. 1347) the property sold provided he returns to the vendee the
capable of being appropriated/acquired/possessed/transferred price of the sale, expenses of the contract, any other
legitimate payments made therefore, the necessary and
 not IMPOSSIBLE (Art. 1348) useful expenses made on the thing sold and fulfills other
 FUTURE INHERTIANCE vs. INHERITANCE (Art. 1347) stipulations which may have been agreed upon
 DETERMINATE vs. DETERMINABLE things (Arts. 1458, 1460, o subject to RESERVA TRONCAL
1349)  FUTURE GOODS (Arts. 1347, 1462) - noted
determinate - particularly designated or physically segregated  UNDIVIDED INTEREST IN A THING (Art. 1463) - noted
from all others of the same class (defense of force majeure  “nemo dat quod non habet” - nobody can dispose of that
applies) which does not belong to him
determinable - REQUISITES: (Villanueva) (Arts. 1459, 1434) - noted
(a) at perfection, capable of being made determinate Right to transfer ownership @ time of delivery
(capacity to segregate test) - generally a perfected COS can’t be challenged on ground that
(b) without necessity of new/further agreement (no seller had no ownership at time of perfection
further agreement test) EXCEPTIONS: Arts. 1505, 1506
Art. 1458 - COS + in Villanueva: “judicial sale”
Art. 1460 - determinate when particularly designated or physically
segregated from all others of the same class (requisite: capable of
being made determinate AT TIME CONTRACT IS ENTERED INTO
w/out further agreement)
Art. 1349 - object must be determinate (not affected by fact that
quantity is not determinate provided it is possible to determine the
same without another contract)
 GENERIC THINGS
- generic things falling within definition of “determinable” objects
can validly support a COS
- but although object is valid, oblig to deliver can only be complied
with when the subject matter has been made determinate (by
physical segregation or particular designation) (before such time, no
risk of loss as generic objects are never lost)
 FUNGIBLE GOOD (Art. 1464) - already noted above

 having POTENTIAL EXISTENCE (Art. 1461(1)(2))

Outline 2

Uploaded by

Copyright:

Available Formats

Outline 2

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Outline 2

Uploaded by

Copyright:

Available Formats

OUTLINE 2 EMPTIO REI SPERATAE vs. EMPTIO SPEI (memaid, p.

 FUNGIBLE GOOD (Art. 1464) - already noted above

You might also like