Civil Code Art. 1474: Nature and Form

Statute: Civil Code
Article: Art. 1474
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

Where the price cannot be determined in accordance with the preceding articles, or in any other manner, the contract is inefficacious. However, if the thing or any part thereof has been delivered to and appropriated by the buyer he must pay a reasonable price therefor. What is a reasonable price is a question of fact dependent on the circumstances of each particular case. (n)

Intellegal Wiki · In plain terms

If the price of a sale cannot be fixed by the preceding rules or in any other way, the contract has no effect. But if the buyer has already received and appropriated the goods (or any part), he must pay a reasonable price for them — what is reasonable being a question of fact decided from the circumstances of each case.

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

Cases applying this article

E. C. Mccullough v. R. Aenlle & Co. G.R. No. 1300

Related provisions in this Chapter

Civil Code, Art. 1473 Nature and Form of the Contract
Civil Code, Art. 1475 Nature and Form of the Contract
Civil Code, Art. 1476 Nature and Form of the Contract
Civil Code, Art. 1471 Nature and Form of the Contract
Civil Code, Art. 1477 Nature and Form of the Contract
Civil Code, Art. 1470 Nature and Form of the Contract
Civil Code, Art. 1478 Nature and Form of the Contract
Civil Code, Art. 1469 Nature and Form of the Contract

Civil Code, Art. 1474 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 Provisions may have been amended or repealed.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.