Philippine Civil Code Art. 1478: Nature and Form

Statute: Philippine Civil Code
Article: Art. 1478
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

The parties may stipulate that ownership in the thing shall not pass to the purchaser until he has fully paid the price. (n)

Intellegal Wiki · In plain terms

The seller and buyer are free to agree that ownership of the thing sold will not pass to the buyer until the full price has been paid. Until then, title stays with the seller despite delivery.

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

Cases applying this article

Faustino Lichauco v. Jose Berenguer G.R. No. 11907
Bank of the Philippine Islands As Successor-In-Interest of Far East Bank v. Smp G.R. No. 175466

Related provisions in this Chapter

Civil Code, Art. 1477 Nature and Form of the Contract
Civil Code, Art. 1479 Nature and Form of the Contract
Civil Code, Art. 1476 Nature and Form of the Contract
Civil Code, Art. 1475 Nature and Form of the Contract
Civil Code, Art. 1481 Nature and Form of the Contract
Civil Code, Art. 1474 Nature and Form of the Contract
Civil Code, Art. 1482 Nature and Form of the Contract
Civil Code, Art. 1473 Nature and Form of the Contract

Related research

In-depth Intellegal research that analyzes this provision.

Contract of Sale in the Philippines

Civil Code, Art. 1478 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 Provisions may have been amended or repealed.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.