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.
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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.
Questions about this provision
Related provisions
- Article 1458 — Contract of Sale Defined.
- Article 1461 — Sale of Things With Potential Existence.
Cases citing this article
- The Heirs of Zenaida B. Gonzales, represented by Arnel B. Gonzales vs. Spouses Dominador, G.R. No. 206847, June 15, 2022 — read the decision on LawPhil →
- Extraordinary Development Corporation vs. Hermina F. Samson-Bico, et al, G.R. No. 191090, October 13, 2014 — read the decision on LawPhil →
- Heirs of Gregorio Lopez, represented by Rogelia Lopez, et al. vs. Development Bank of the Philippines (now substituted by Philippine Investment Two , Inc.), G.R. No. 193551, November 19, 2014 — read the decision on LawPhil →
- Strategic Alliance Development Corporation vs. Radstock Securities Limited and Philippine National Construction corporation, G.R. No. 178158 / G.R. No. 180428, December 4, 2009 — read the decision on LawPhil →
- Heirs of Arturo Reyes Rep By Evelyn R. San Buena Ventura vs. Elena Socco-Beltran, G.R. No. 176474, November 27, 2008 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.