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Republic Act No. 386, as amended, otherwise knowm as the New Civil Code of the Philippines defines a contract of sale as follows:

" Art. 1458. By the contract of sale, one of the contracting parties (seller) obligates himself to transfer ownership of and to deliver a determinate thing, and the other (buyer) to pay therfor a price sertain in money or its equivalent."

It appears from this provision of law that the seller need not be the owner of the thing subject of the sale for as long as the thing is not yet delivered. However, he must be the owner of the thing during the delivery. In technical terms, delivery is called tradition. Tradition transfers ownership. The same provision also appears to tell the reader that if the seller, who is not the owner of the thing sold to the buyer later on became the owner of the property sold, the transfer of ownership is by operation of law.

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