Case Analysis:
Article 1458, Article 1490, Article 1409 and Article 1491 of The Civil Code of the
Philippines
On April 20, 2019, Mr. Nam Do-san sold his hotel in favor of Spouses Andrew
and Ana Tan. A deed of sale was executed but Spouses Tan named Tony Tan (their
unborn son) as the buyer in the contract of sale. Accordingly, Tony Tan was named
as the buyer in the deed of sale by virtue of Chinese custom naming children as their
parents’ properties. It was only June 20, 2020 that Tony Tan was born. Is the
contract of sale valid?
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Answer:
1. Essential Elements of a Valid Contract. All the requirements of a valid contract such as free consent, consideration, competency of the parties, lawful object and consideration must be fulfilled. If any of the essential elements of a valid contract is absent, then the contract of sale will not be valid.
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