Philippine Civil Code Art. 1466: Nature and Form

Statute: Philippine Civil Code
Article: Art. 1466
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 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)

Intellegal Wiki · In plain terms

When a contract mixes features of both a sale and an agency to sell, courts don't rely on its label to classify it. Instead they weigh the essential clauses of the whole document to decide which type of contract it really is.

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

Cases applying this article

Jose Florendo v. Eustaquio P. Foz G.R. No. 6565

Related provisions in this Chapter

Civil Code, Art. 1465 Nature and Form of the Contract
Civil Code, Art. 1467 Nature and Form of the Contract
Civil Code, Art. 1464 Nature and Form of the Contract
Civil Code, Art. 1468 Nature and Form of the Contract
Civil Code, Art. 1469 Nature and Form of the Contract
Civil Code, Art. 1463 Nature and Form of the Contract
Civil Code, Art. 1470 Nature and Form of the Contract
Civil Code, Art. 1462 Nature and Form of the Contract

Civil Code, Art. 1466 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 Provisions may have been amended or repealed.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.