1 CIVIL CODE OF THE PHILIPPINES TITLE Vl SALES Chapter 1 NATURE AND FORM OF THE CONTRACT Article 1458. By the contract of sale one of the contract- ing parties obligates himself to transfer the ownership of and to deliver a determinate thing, and the other to pay therefor a price certain in money or its equivalent. A contract of sale may be absolute or conditional. COMMENT: (1) ‘Sale’ Defined Sale is a contract where one party (seller or vendor) obligates himself to transfer the ownership of and to deliver a determinate thing, while the other party (buyer or vendee) obligates himself to pay for said thing a price certain in money or its equivalent. (See Art. 1458, Civil Code). (2) Historical Notes Under Roman Law, a sale was termed avenditio. Today, the French refer to the contract as a venta, while the Span- iards call it a venta. The definition of the contract of sale in Art. 1458 is taken from Art. 1445 of the Spanish Civil Code, except that under said Spanish Code, the obligation of the vendor was merely to “deliver” the thing sold, so that even if the seller was not the owner, he might still validly sell, subject to the warranty to maintain the buyer in the legal and peaceful possession of the thing sold. The Civil Code requires