Text of the provision
Art. 1461. Things having a potential existence may be the object of the contract of sale. The efficacy of the sale of a mere hope or expectancy is deemed subject to the condition that the thing will come into existence. The sale of a vain hope or expectancy is void.
(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
Things with potential existence may be sold. Sale of a mere hope or expectancy (emptio spei) is valid subject to the thing coming to exist; sale of a vain hope is void.
Related provisions
- Article 1459 — Licit Object; Right to Transfer.
- Article 1462 — Existing and Future Goods.
Cases citing this article
- Spouses Mariano P. Marasigan and Josefina Leal vs. Chevron Phils., Inc., et al, G.R. No. 184015, February 8, 2012 — read the decision on LawPhil →
- Fidela Mananzala vs. Court of Appeals, et al, G.R. No. 115101, March 2, 1998 — 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.