Text of the provision
Art. 1459. The thing must be licit and the vendor must have a right to transfer the ownership thereof at the time it is delivered.
(n)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
The thing sold must be licit, and the seller must have the right to transfer ownership at the time of delivery (not necessarily at perfection) — one may validly sell a thing not yet owned, so long as ownership can be transferred on delivery.
Related provisions
- Article 1458 — Contract of Sale Defined.
- Article 1461 — Sale of Things With Potential Existence.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.
Note. The text of the provision above is reproduced in full from the official enactment (Republic Act No. 386), verified against the LawPhil and ChanRobles renderings. The annotation and commentary around it are the work of Vivas & Nobles Law Office and are general legal information, not legal advice. How a provision applies to a particular situation depends on facts that only a lawyer reviewing your case can assess.