CONSUMMATION STAGE

From the moment of perfection, all fruits belong to the buyer. However, the buyer acquires no real right
over said fruits until delivery is made to said buyer. TVT example of a female dog, who was pregnant at
time of perfection. Buyer acquires said puppies but until they are delivered to him, he has no real right
over them. So if before delivery, the mother dog suffers a miscarriage, then the buyer cannot demand
for compensation

1166

1495 main obligation of the seller is to transfer ownership and deliver possession of the SM. And the
seller also has certain warranties (like warranty against eviction)

1537 whatever is the condition upon perfection, that must also be the condition of it upon delivery.
Coz seller must delivery what was agreed upon. Like if during perfection there was no scratches on the
SM car, then there must also be no scratches upon delivery.

1477 sale is a mode, not a title. By itself it doesnt transfer ownership. So upon perfection, doesnt
mean that the buyer is already the ownership, but that there must be DELIVERY! Since delivery is the
one that transfers ownership to the buyer. There are 2 types of delivery: actual and constructive

Actual: actual physical delivery of something. Happens usually with personal prop, but not all are
capable of physical/actual delivery

Constructive delivery:

1497 talks about actual/physical delivery. The SM is placed under the control and possession of the
buyer. TVT says that this should also apply to constructive delivery. So if control is not given to the buyer,
then that doesnt amount to constructive delivery. There are different forms of const delivery, but the
highest form is thru the execution of a public instrument (ex: a deed of sale that is notarized). So even if
there was executed a deed of sale that is notarized in favor of the buyer, but the latter IS STILL NOT
ABLE to exercise the power of control and possession, then fiction must give to reality and such doesnt
amount to a const delivery even if was done via notarized deed of sale (like if there are illegal settlers on
the land). Control here must also exist for a reasonable amount of time, enough for the buyer to acquire
control and possession over said SM.

Remember that its not sellers duty to transfer title in buyers name since this must be done by the
buyer himself. What the seller is obliged to do is to transfer ownership and deliver possession, not that
he is also obliged to change the name in the OCT/title in buyers name.

Insurance for travel of goods, GR is this is the buyers obligation to isnure the goods during travel. But it
is also the duty of the seller TO INFORM/REMIND the buyer to get insurance for the goods (buyer: to
insure, seller: remind buyer to insure), otherwise, the seller will be liable if he fails to do this reminder.

Other modes of const delivery: main form is execution of public instrument, 2nd is to allow the buyer to
exercise the rights of owernship, 3rd is that there are certain types of delivery that is made just by
pointing, 4th is the delivery of keys (like giving the keys to the car to the buyer)

MT coverage: from start until before consummation!