9 Complications of Term

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  SALES*A valid contract of sale would result from the MEETING OF THE MINS of the !arties on a S #$E%T MATTE& at the time of !erfection of thefollowin'&e(uisites of )alid Su+ect Matter, -.L/01.ossile Thin'21Licit31eterminate4eterminale Lack of ANY REQUISITE results in NON-EXISTENT SALE ã In case of !a5ment of 6no contract7 situation8 the u5er can still recover the amount ased on the !rinci!le of 6un+ust enrichment7 ã Even the 0 st  re(uisite for a valid su+ect matter is not !resent8 there is no ine(uit5 to 9nd the contract of sale is void ecause the innocent !art5 ma5 still e ale to recover under the !rinci!le of un+ust enrichmentA&T 0:00; N LLIT< OF %ONT&A%Tue to ille'alit5 of contract of the cause or o+ect8 and the act constitutes a criminal o=ense8 oth !arties ein' in !ari delicto8 wouldthe !arties have no cause of action a'ainst eachotherA&T 0:02;A%T OES NOT %ONSTIT TE %&IMINALOFFENSE&ules shall a!!l5,01>hen fault is on !art of oth contractin' !arties8 neither ma5 recover what he has 'iven 5 virtue of the contract or demand the !erformance of other?s underta@in'21>hen onl5 one !art5 is at fault8 he cannot recover what he has 'iven 5 reason of contract or as@ for the ful9llment of what has een !romised to him1#ut the one who is not at fault ma5 demand the return of what he has 'iven without an5 oli'ation to com!l5with his !romiseA&T 0:0;%ONT&A%T NOT ILLEGAL .E& SE>hen contract is not ille'al !er se ut ME&EL< .&OHI#ITE and the le'al !rohiition is desi'ned for the !rotection of the !lainti=8 he ma5 recover what he has !aid or delivered1 LEGAL REQUISITES OF SUB !ATTER INTEN E TO GO#ERN UN ERLYING OBLIGATIONS OF SELLER Essentiall5 at !erfection8 what a valid sale is ale to le'all5 e=ect is not the deliver5 of the su+ matter ut the %ONSTIT TION of the O#LIGATION of the seller to deliver8 cou!led withthe ri'ht of the u5er to EMAN s!eci9c !erformance of such oli'ation01Su+ect Matter must e .OSSI#LE THINGa1Thin' ma5 e eBistin' or non;eBistin' at the time of !erfection of contract of sale1A&T 0:2; Thin' havin' a !otential eBistence ma5 e o+ect of the contract of saleC Sale of 'oods whose ac(uisition 5 the seller de!ends u!on contin'enc5 which ma5 or ma5 not ha!!en1c1.ro!er consideration is to consider NOT in terms of !h5sical eBistence or non;eBistence or whether the seller had or did not have ownershi! thereof at the time of !erfection8 # T >HETHE& THE S #$ MATTE& IS A T<.E and NAT &E8 ta@in' into consideration the STATE OF TE%HNOLOG< and S%IEN%E at the time the sale is !erfected1d1.OSSI#LE THING D eBistence of a thin' is su+ect to a condition8 for ithas the ca!acit58 NOT certaint58 to come into eBistence if su+ect to a sus!ensive condition or it alread5 eBist or ma5 cease to eBist if it is su+ect to a resolutor5 conditione1A&T 0:; su+ect matter ma5 e su+ect to &ESOL TO&< %ONITIONS S.ENSI)E %ONITION;contract comes into e=ect onl5 if the condition is met1 If not ful9lled8 the sus!ended ri'hts and oli'ations never come into eBistence  &ESOL TO&< %ONITION;ri'hts and oli'ations come into eBistence immediatel51 If ful9lled8 the o!eration of ri'hts and oli'ations cease NOTES: Even when the su+ matter does not eBist at the time of !erfection of the sale8 the contract is still valid under Art 0:0 and 0:3C However the su+ matter is of such nature that it cannot come into eBistence 6IM.OSSI#LE THING7 the contract is )OI 
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