Explain or state briefly the rule or reason for your answer

Explain or state briefly the rule or reason for your answer.

            S sold to B for P100,000 a parcel of land belonging to S located in his hometown without specifying its exact location and area. Is the sale valid?

• The sale of the land is valid because the object is determinate as to its kind although it has not been particularized. The fact that the area is not determinate shall not be an obstacle to the existence of the contract because such area can be determined by the parties without the need of entering into another contract. The article that supports this is Art. 1349.

            S has several pigs. Under a contract of sale, S binds himself to deliver a pig to B for P3,000 if the pig has a weight of at least 30 kilos. State the binding effect of the sale.

• Since the obligation consists in the delivery of a generic thing which is determinable, and whose quality and circumstances have been stated which is B will pay for a price of P3,000 if the pig weighs at least 30 kilos, so S cannot compel B to accept a pig that weighs 30 kilos below. According to article 1246, when the obligation consists in the delivery of an indeterminate thing, B cannot demand a thing of superior quality. Neither can S deliver a thing of inferior quality. The moment the pig is delivered, it becomes determinate. Example 2 on page 375 supports this as well.