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Double Sale.docx - What is a double sale? Double sale is...

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What is a double sale?Double sale is the sale of one and the same property by the same seller to two or more buyers withconflicting interests. For there to be double sale, the following requisites must concur:1. There are two or more transactions which must constitute valid sales;2. They must pertain exactly to the same object or subject matter;3. They must be bought from the same or immediate seller; and4. Two or more buyers who are at odds over the rightful ownership of the subject matter must representconflicting interests.Article 1544. If the same thing should have been sold to different vendees, the ownership shall betransferred to the person who may have first taken possession thereof in good faith, if it should bemovable property.• Should it be immovable property, the ownership shall belong to the person acquiring it who in goodfaith first recorded it in the Registry of Property.• Should there be no inscription, the ownership shall pertain to the person who in good faith was first inthe possession; and, in the absence thereof, to the person who presents the oldest title, provided thereis good faith. (1473)In case of double sale, the issue of who will be considered as the owner of the property is based on thefollowing rules:Movable Property:1. The first possessor in good faith;2. The buyer who in good faith presents the oldest title.Immovable Property:1. The first person to register the sale in good faith;2. The first possessor in good faith;3. The buyer who in good faith presents the oldest title.

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