Sales Part 5.3

• 1539


  Not of the quality stated in the contract (same remedies)
• 1539


  • Had the buyer known of its smaller or inferior quality, he may rescind the sale
  • It does not require the 1/10 rule
• 1540


  Of greater area or number (accept or reject) - Land more than it was
• 1541


  Rules in 1539 (PUM) and 1540 (Lump Sum) applicable to judicial sales (these are the court supervised in other words) - the court was the one who sold the property especially in involuntary or execution sale
• According to Law- the rules are applicable in traditional sales
• 1543


  Prescription (6 months counted from the date of delivery) - delivery is by public instrument bid of sale immovable so physical delivery cannot be made right so have to do the legal formality
• Double Sale (Movable/Personal Property)

  First taking possession in good faith Prius tempore potior jure
• Double Sale (Movable/Personal Property)

  • I sold my car to A and B, who owns it? Whoever is in possession is the owner
• Double Sale (Movable/Personal Property)


  First in possession, stronger in right
• Double Sale (Immovable/Real Property)


  All instances require good faith
• Double Sale (Immovable/Real Property)

  • Supposed I sold it to A and B and Who is the owner? The one who first registered
• Double Sale (Immovable/Real Property)


  • Supposed there is no registration, the one who is in possession
• Double Sale (Immovable/Real Property)

  • Supposed there is no registration, there is no possession to the person to whom I sold it first because he has all this title
• Determining ownership in Double Sale (Immovable/Real Property)

  • Registration in good faith
  • Possession in good faith
  • Oldest title in good faith
• Double Sale (Immovable/Real Property)

  • Supposed I sold the property to A then I subsequently sold the property to B and B upon unknowing it registered it, who is the owner? A because knowledge is equivalent to registration
• This applies only to the second buyer because in the first place, the first buyer is in good faith when he buys the property. So, good faith is a requirement
• Personal or Real property- good faith is always required