Text of the provision
Art. 1466. In construing a contract containing provisions characteristic of both the contract of sale and of the contract of agency to sell, the essential clauses of the whole instrument shall be considered.
(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
In a contract with features of both sale and agency to sell, the essential clauses of the whole instrument determine which it is — a recurring issue in distributorship disputes.
Related provisions
- Article 1465 — Things Under a Resolutory Condition.
- Article 1467 — Sale vs. Piece of Work.
Cases citing this article
- Lorenzo Willy, substituted by his heirs, namely: Felicidad D. Willy, Betty Willy Cadangen, Tony, G.R. No. 207051, December 1, 2021 — 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.