"This book presents a discussitive approach to the Law on Sales. Instead of approaching the subject based on progressive discussions of the articles of the Civil Code under the Title on Sales, the work groups together into topical areas the various applicable provisions of the Law, including provisions on the Law on Contracts having a particular application to a topic under Sales, and decisions of the Supreme Court relevant to the topic under discussion. The topical approach allows a more logical discussion of the various concepts and issues pertaining to the Law and actually affords better examination into the policy considerations in the emerging doctrines.

The discussitive approach of this work follows the following pattern: in areas of the Law on Sales where a clear doctrine has evolved, the discussions would focus on the policy considerations behind the doctrine and to test the validity of such policy considerations; in areas of the Law where no clear doctrine has evolved or two conflicting doctrines have tended to clash, discussions will go into determining either a synthesis doctrine or into placing in perspective the hierarchical priority between or among the conflicting doctrines; in areas where no definitive doctrine has evolved, again policy considerations are taken into account to perceive the emerging doctrine.

The various approaches in this book have a common theme: many rules or doctrines can never be definite as to be unalterable, since policy considerations are merely expedient means for meeting the demands of society for a given time; as society’s policy considerations change, so do the complexions of existing rules and regulations. This is especially true of the Law on Sales, which constitutes one of the many integral statutory provisions governing commercial transactions in the Philippines.

Although the Law on Sales constitutes a part of the Civil Code, many provisions of the Code on Sales have been patterned after the Uniform Sales Law of the United States. In addition, our jurisdiction adheres to the precedential value of the decisions of the Supreme Court on the Law on Sales. This work therefore recognizes what has been implicit in the Philippine legal system: that our hybrid legal system, adheres to both the traditions of the civil law and the common law systems; and although our system recognizes the primacy of statutory provisions, it also places practically the same value to policy considerations as they evolve in actual settlement of disputes in our society as expressed in decisions of the Supreme Court. Necessarily, the complexion of various legal principles and doctrines continue to evolve, if not altered or discarded, as policy considerations are made to adjust to evolving contemporary settings." --Cesar L. Villanueva

Professional

Text in English