NEGOTIATION STAGE

■ What kind of contract?

Sale of Real Property or Sale of Personal Property
Contract of Sale vs. Contract to Sell
Contract of Agency vs Contract to Sell
Barter vs Sale
Option Contract vs Contract of Sale
Pacto de Retro Sale
■ What is the object or the subject matter?
Determinate
Licit
Exisitng or Possibility of Existence
■ Price or payment
Maceda Law
Recto Law
Option Money vs Earnest Money
SALE: Real Property vs Personal
Property
PERSONAL PROPERTY
 PERFECTION OF
CONTRACT
Where both the seller and the buyer agreed on the price,
object and under circumstances surrounding the sale
 CONSUMMATION
STAGE
By virtue of Article 712, NCC the mode of acquiring ownership
in a contract of sale is through tradition or delivery.
• Kind of Delivery
Actual
Constructive
Traditio longa manu
Traditio brevi manu
Traditio symbolica

• Obligation of Seller
• Obligation of Buyer
• Loss of the thing, who bears the loss?