Summary

Contract of Sale

Seller transfers the ownership f the property to buyer, and the buyer agrees to pay to the seller for a price.

Elements:

  • Mutual obligation
  • No form - except sale of immovable properties (Section 456)
  • The purpose is to transfer ownership
  • Property = Subject of the contract

Elements of Contract

  • ≤ 2 parties (with mutual agreement)
  • Contractual capacity (have the lawfully legal to form the contract): sui juris and competent
  • purpose of the contract (promises to perform not lawfully required or otherwise)

Informal Contract

  • No legally defined from and formed simply by a meeting of the mind

Formal Contract

  • Contract of Immovable property is required a written contract