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