Text of the provision
Art. 1499. The delivery of movable property may likewise be made by the mere consent or agreement of the contracting parties, if the thing sold cannot be transferred to the possession of the vendee at the time of the sale, or if the latter already had it in his possession for any other reason.
(1463a)
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
Delivery of movables may occur by mere consent when the thing cannot yet be transferred, or when the buyer already possesses it for another reason (traditio longa manu / brevi manu).
Questions about this provision
- Can a thing that cannot be physically handed over at the sale be delivered by mere agreement?
- The buyer already had the thing in his possession for another reason. Must the seller still make a fresh delivery?
Related provisions
- Article 1498 — Constructive Delivery by Public Instrument.
- Article 1500 — Constitutum Possessorium.
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.