Civil Code Art. 1461: Nature and Form

Statute: Civil Code
Article: Art. 1461
Topic: Nature and Form of the Contract
Status: In force
Book: BOOK IV Obligations and Contracts
Title: TITLE VI SALES
Chapter: CHAPTER 1 Nature and Form of the Contract
Year: 1949
Cited by: Multiple Supreme Court decisions

The provision

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)

Intellegal Wiki · In plain terms

Things that do not yet exist but could come into being, such as a future harvest, can still be the object of a sale. A sale of such a mere hope or expectancy is valid but conditioned on the thing actually coming into existence; a sale of a vain or empty hope, one with no real chance of materializing, is void.

An editorially maintained plain-language explanation of this provision — not legal advice.

Cases applying this article

C.N. Hodges v. Alberto Granada G.R. No. 39496
Fidela Mananzala v. Court of Appeals G.R. No. 115101
Atanasio Pandaquila v. Miguel Gaza G.R. No. 4737

Related provisions in this Chapter

Civil Code, Art. 1460 Nature and Form of the Contract
Civil Code, Art. 1462 Nature and Form of the Contract
Civil Code, Art. 1459 Nature and Form of the Contract
Civil Code, Art. 1463 Nature and Form of the Contract
Civil Code, Art. 1458 Nature and Form of the Contract
Civil Code, Art. 1464 Nature and Form of the Contract
Civil Code, Art. 1465 Nature and Form of the Contract
Civil Code, Art. 1466 Nature and Form of the Contract

Civil Code, Art. 1461 is found in CHAPTER 1 Nature and Form of the Contract of TITLE VI SALES of BOOK IV Obligations and Contracts of the Civil Code of the Philippines (Republic Act No. 386).

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Reviewed by the Intellegal Legal Team for currency against amending laws and Supreme Court jurisprudence.

Research aid — not legal advice. Verify the current text against the Official Gazette. Provisions may have been amended or repealed. Using this page creates no attorney-client relationship. For legal advice, consult a Philippine lawyer.