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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

Dante, registered owner of Lot 9, Block 2, Plan K-900, TCT No. T-500123, enters into a Deed of Absolute Sale with Kai for ₱8,000,000. The deed describes the subject matter as “Lot 9, Block 2, Plan K-900, area approximately 1,200 square meters, located at Barangay San Gabriel, City Omega.” The sale is perfected and possession is delivered upon full payment. A certified survey later shows the actual area is 1,800 square meters, and there is a pending boundary dispute with the adjacent landowner; the title is free of encumbrances.

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The essential elements are consent, object certain, and cause. The object is not definite because the description uses approximate area and there is a boundary dispute; the remedy is rescission; the seller bears the risk of loss before delivery. The essential elements are consent, object certain, and cause. The object is definite; misdescription affects consent; remedy is price adjustment; risk passes to buyer after delivery. The essential elements are consent, object certain, and cause. The object is not definite; remedy is reformation; risk is on buyer. The essential elements are consent, object definite, and cause. The object is definite because the plan fixes identity; remedy is specific performance; risk passes to buyer upon execution.

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