Obligations of the vendor PDF

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Summary

1. What are the obligations of the vendor? a. To transfer ownership of the thing sold; b. To deliver the thing; c. To warrant the object sold against eviction and hidden defects; d. To take care of the object sold pending delivery; and e. To pay the expenses for the execution and registration of the...

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1. What are the obligations of the vendor? a. To transfer ownership of the thing sold; b. To deliver the thing; c. To warrant the object sold against eviction and hidden defects; d. To take care of the object sold pending delivery; and e. To pay the expenses for the execution and registration of the contract of sale unless there is a stipulation to the contrary.

2. What is "delivery"?

Delivery refers to the concurrent transfer of two things which are possession and ownership. Delivery has been described as a composite act, a thing in which both parties must join and the minds of both parties concur. It is an act by which one party parts with the title to and the possession of the property, and the other acquires the right to and the possession of the same.

3. What are the differences between "actual delivery" and "constructive delivery"?

Actual delivery of a thing sold occurs when it is placed under the control and possession of the vendee. Legal or constructive delivery, on the other hand, may be had through any of the following ways: the execution of a public instrument evidencing the sale; symbolical tradition such as the delivery of the keys of the place where the movable sold is being kept; traditio longa manu or by mere consent or agreement if the movable

sold cannot yet be transferred to the possession of the buyer at the time of the sale; traditio brevi manu if the buyer already had possession of the object even before the sale; and traditio constitutum possessorium, where seller remains in possession of the property in a different capacity.

4. What are the kinds of delivery? Explain each. a. Real or Actual The thing sold is placed in the control and possession of the vendee.

b. Legal or Constructive

Delivery by operation of law.

c. Quasi- Tradition

Delivery of rights, credits, or incorporeal property, made by:

1. Execution of public instrument; 2. Placing of titles of ownership in the hands of buyer; or 3. Allowing buyer to make use of rights.

5. What are the kinds of Legal or constructive delivery? Explain each. a. Legal Formalities Sale is made through public instrument which gives rise to prima facie presumption of delivery which is destroyed when actual delivery is not affected due to legal impediment.

b. Symbolical Tradition / Traditio Symbolica The parties use a symbol to represent a thing delivered.

c. Traditio Longa Manu

Delivery is by mere consent or agreement where the seller points out to the buyer the object of sale without the need of actually delivering it.

d. Traditio Brevi Manu Buyer had already the possession of the object before the contract of sale.

e. Traditio Constitutum Possessorium

The delivery consists in the owner’s continuous possession of the property he had already sold to another person but his present possession is no longer that of an owner but under another capacity, like that of a lessee. This is opposite of traditio brevi manu.

6. What are the differences between "sale on approval" and "sale or return"?

Sale on approval is also called sale on acceptance or sale on satisfaction. There is no transfer of ownership notwithstanding delivery of the goods. Ownership passes to the buyer only in the following instances: (1) when the buyer signifies his approval or acceptance to the seller or does any other act adopting the transaction; (2) if the buyer does not signify his approval or acceptance to the seller, but retains the goods without giving notice of rejection, then if a time has been fixed for the return of the goods, on the

expiration of such time, and, if no time has been fixed, on the expiration of a reasonable time. On the other hand, in a sale or return, ownership passes to the buyer on delivery. The subsequent return of the goods reverts ownership in the seller. Delivery or tradition as a mode of acquiring ownership must be in consequence of a contract....