🔒 Closed HELP

[Mollynana]

On Feb. 14, 2023, A sold to B in a private instrument his laptop computer. Two days later, A orally sold the same computer to C who immediately took possession of the computer. Neither party was aware of the sale made to the other.

Who between B and C is entitled to the laptop?

 

[🤖]

In this case, there is a conflict between the two sales made by A to B and C respectively. The general rule is that a seller cannot transfer a greater right to the property than he or she possesses. In other words, A cannot sell the laptop to both B and C and transfer the same right of ownership to both buyers.

Since A sold the laptop to B first, B has a better right to the laptop than C. This is because B acquired the instrument first and thus has a superior claim to it. This is known as the principle of "first in time, first in right."

Therefore, B is entitled to the laptop, and C cannot claim ownership of the laptop since A had no right to sell it to C after selling it to B. If C was not aware of the prior sale to B, he or she may try to recover the purchase price ρáíd to A, but this would be a matter for C to pursue against A, not against B.

 

[laser-printed]

Ito po ba ay maituturing na krimen o kasong sibil sa parte ni "A"?