Flashcards Studio

X, owner of a valuable sculpture, signs a written sale to Y for ₱5,000,000. The sculpture remains in X's studio and is not delivered to Y. Y pays the full price. A few weeks later, X sells the same sculpture to Z for ₱5,500,000 and delivers it to Z, who purchases in good faith without knowledge of the prior sale. (a) Identify whether the contract between X and Y is a real contract or a consensual contract and justify, naming the controlling doctrinal rule. (b) Distinguish the rule governing perfection and delivery for sales of movables and apply it to the facts to determine who owns the sculpture. (c) If X later sells the sculpture to W and delivers it to W, what rights does Y have against X and against W, and why?