- Statute
- Philippine Civil Code
- Article
- Art. 1464
- 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
- A Supreme Court decision
The provision
In the case of fungible goods, there may be a sale of an undivided share of a specific mass, though the seller purports to sell and the buyer to buy a definite number, weight or measure of the goods in the mass, and though the number, weight or measure of the goods in the mass, and though the number, weight or measure of the goods in the mass is undetermined. By such a sale the buyer becomes owner in common of such a share of the mass as the number, weight or measure bought bears to the number, weight or measure of the mass. If the mass contains less than the number, weight or measure bought, the buyer becomes the owner of the whole mass and the seller is bound to make good the deficiency from goods of the same kind and quality, unless a contrary intent appears. (n)
Intellegal Wiki · In plain terms
With fungible goods, a person can sell an undivided share of a specific mass (like grain in a bin), stated as a fixed quantity even if the total in the mass is unknown. The buyer becomes a co-owner in proportion to what was bought. If the mass turns out smaller than the quantity bought, the buyer owns the whole mass and the seller must make up the shortfall with goods of the same kind and quality, unless a contrary intent appears.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Bartolome Tablante v. Jose Aquino G.R. No. 8675