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Sales Codal

Sales Codal

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Published by Inna Protacio

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Published by: Inna Protacio on Jun 16, 2012
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06/16/2012

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Title VI. -
SALES
 CHAPTER 1NATURE AND FORM OF THE CONTRACTcontract of sale one of the contracting parties obligates himself to transfer the ownership and to deliver a deterherefor a price certain in money or its equivalent.may be absolute or conditional. (1445a)ing must be licit and the vendor must have a right to transfer the ownership thereof at the time it is delivered. (nis determinate when it is particularly designated or physical segregated from all other of the same class.t a thing be determinate is satisfied if at the time the contract is entered into, the thing is capable of beingsity of a new or further agreement between the parties. (n)having a potential existence may be the object of the contract of sale.e sale of a mere hope or expectancy is deemed subject to the condition that the thing will come into existence.hope or expectancy is void. (n)ods which form the subject of a contract of sale may be either existing goods, owned or possessed by the selleised, or acquired by the seller after the perfection of the contract of sale, in this Title called "
future goods 
."ontract of sale of goods, whose acquisition by the seller depends upon a contingency which may or may not haple owner of a thing may sell an undivided interest therein. (n)case of fungible goods, there may be a sale of an undivided share of a specific mass, though the seller purporfinite number, weight or measure of the goods in the mass, and though the number, weight or measure of the gBy such a sale the buyer becomes owner in common of such a share of the mass as the number, weight or measeight or measure of the mass. If the mass contains less than the number, weight or measure bought, the bule mass and the seller is bound to make good the deficiency from goods of the same kind and quality, unlesssubject to a resolutory condition may be the object of the contract of sale. (n)nstruing a contract containing provisions characteristic of both the contract of sale and of the contract of agof the whole instrument shall be considered. (n)tract for the delivery at a certain price of an article which the vendor in the ordinary course of his businessgeneral market, whether the same is on hand at the time or not, is a contract of sale, but if the goods are toustomer and upon his special order, and not for the general market, it is a contract for a piece of work. (n)consideration of the contract consists partly in money, and partly in another thing, the transaction shall be chaof the parties. If such intention does not clearly appear, it shall be considered a barter if the value of the thingexceeds the amount of the money or its equivalent; otherwise, it is a sale. (1446a)er that the price may be considered certain, it shall be sufficient that it be so with reference to another thing cereof be left to the udment of a secial erson or ersons.
 
d by the other, the sale is perfected. (1449a)the price cannot be determined in accordance with the preceding articles, or in any other manner, the contraching or any part thereof has been delivered to and appropriated by the buyer he must pay a reasonable price this a question of fact dependent on the circumstances of each particular case. (n)ntract of sale is perfected at the moment there is a meeting of minds upon the thing which is the object of the ct, the parties may reciprocally demand performance, subject to the provisions of the law governing the form of ccase of a sale by auction:ds are put up for sale by auction in lots, each lot is the subject of a separate contract of sale. (2) A sale by auhe auctioneer announces its perfection by the fall of the hammer, or in other customary manner. Until suchany bidder may retract his bid; and the auctioneer may withdraw the goods from the sale unless the auction hasithout reserve. (3) A right to bid may be reserved expressly by or on behalf of the seller, unless otherwise proviion. (4) Where notice has not been given that a sale by auction is subject to a right to bid on behalf of the sellor the seller to bid himself or to employ or induce any person to bid at such sale on his behalf or for the auctionany person to bid at such sale on behalf of the seller or knowingly to take any bid from the seller or any persone contravening this rule may be treated as fraudulent by the buyer. (n)nership of the thing sold shall be transferred to the vendee upon the actual or constructive delivery thereof. (n)rties may stipulate that ownership in the thing shall not pass to the purchaser until he has fully paid the price. (nise to buy and sell a determinate thing for a price certain is reciprocally demandable.teral promise to buy or to sell a determinate thing for a price certain is binding upon the promissor if the promisistinct from the price. (1451a)ury to or benefit from the thing sold, after the contract has been perfected, from the moment of the perfectionry, shall be governed by Articles 1163 to 1165, and 1262.ply to the sale of fungible things, made independently and for a single price, or without consideration of their whings be sold for a price fixed according to weight, number, or measure, the risk shall not be imputed to theed, counted, or measured and delivered, unless the latter has incurred in delay. (1452a)contract of sale of goods by description or by sample, the contract may be rescinded if the bulk of the goodsthe description or the sample, and if the contract be by sample as well as description, it is not sufficient that the sample if they do not also correspond with the description.ave a reasonable opportunity of comparing the bulk with the description or the sample. (n)ver earnest money is given in a contract of sale, it shall be considered as part of the price and as proof of thet to the provisions of the Statute of Frauds and of any other applicable statute, a contract of sale may be mader partly in writing and partly by word of mouth, or may be inferred from the conduct of the parties. (n)ontract of sale of ersonal roert the rice of which is aable in installments the vendor ma exercise an
 
rticles.s are those sold and delivered to a minor or other person without capacity to act, he must pay a reasonabhose referred to in Article 290. (1457a)sband and the wife cannot sell property to each other, except:paration of property was agreed upon in the marriage settlements; or (2) When there has been a judicial separrticle 191. (1458a)llowing persons cannot acquire by purchase, even at a public or judicial auction, either in person or throughian, the property of the person or persons who may be under his guardianship; (2) Agents, the property whoseay have been entrusted to them, unless the consent of the principal has been given; (3) Executors and ay of the estate under administration; (4) Public officers and employees, the property of the State or of any subdigovernment-owned or controlled corporation, or institution, the administration of which has been intrusted to thply to judges and government experts who, in any manner whatsoever, take part in the sale; (5) Justices, juys, clerks of superior and inferior courts, and other officers and employees connected with the administratioy and rights in litigation or levied upon an execution before the court within whose jurisdiction or territory thive functions; this prohibition includes the act of acquiring by assignment and shall apply to lawyers, with respehts which may be the object of any litigation in which they may take part by virtue of their profession. (6) Anified by law. (1459a)ohibitions in the two preceding articles are applicable to sales in legal redemption, compromises and renunciationCHAPTER 3EFFECTS OF THE CONTRACTWHEN THE THING SOLD HAS BEEN LOSTe time the contract of sale is perfected, the thing which is the object of the contract has been entirely lost, thet.hould have been lost in part only, the vendee may choose between withdrawing from the contract and demandirice in proportion to the total sum agreed upon. (1460a)the parties purport a sale of specific goods, and the goods without the knowledge of the seller have perisheterial part so deteriorated in quality as to be substantially changed in character, the buyer may at his option treat; or (2) As valid in all of the existing goods or in so much thereof as have not deteriorated, and as binding theprice for the goods in which the ownership will pass, if the sale was divisible. (n)CHAPTER 4OBLIGATIONS OF THE VENDOR SECTION 1. - General Provisionsndor is bound to transfer the ownership of and deliver, as well as warrant the thing which is the object of the salnership of the thing sold is acquired by the vendee from the moment it is delivered to him in any of the ways sin any other manner signifying an agreement that the possession is transferred from the vendor to the vendee. (SECTION 2. - Delivery of the Thing Solding sold shall be understood as delivered, when it is placed in the control and possession of the vendee. (1462a)

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