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  • Sale (Buyer Will Pay Only The Proportionate Price of The Remaining Goods) - Sale (

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    Jernel Janz
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    This document summarizes the effects of a contract for the sale of goods when the goods have been lost, either entirely or in part, at different stages: 1) Before perfection of the contract, if the goods are entirely lost the contract has no effect, and if lost in part the buyer can withdraw from the contract or demand the remaining part and only pay a proportionate price. 2) At perfection but before delivery, the seller bears the risk of loss, deterioration, and fruits. 3) After delivery, the buyer bears the risk as the owner through the transfer of ownership via delivery.

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    This document summarizes the effects of a contract for the sale of goods when the goods have been lost, either entirely or in part, at different stages: 1) Before perfection of the contract, if the goods are entirely lost the contract has no effect, and if lost in part the buyer can withdraw from the contract or demand the remaining part and only pay a proportionate price. 2) At perfection but before delivery, the seller bears the risk of loss, deterioration, and fruits. 3) After delivery, the buyer bears the risk as the owner through the transfer of ownership via delivery.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
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    9 views1 page

    Sale (Buyer Will Pay Only The Proportionate Price of The Remaining Goods) - Sale (

    Uploaded by

    Jernel Janz
    This document summarizes the effects of a contract for the sale of goods when the goods have been lost, either entirely or in part, at different stages: 1) Before perfection of the contract, if the goods are entirely lost the contract has no effect, and if lost in part the buyer can withdraw from the contract or demand the remaining part and only pay a proportionate price. 2) At perfection but before delivery, the seller bears the risk of loss, deterioration, and fruits. 3) After delivery, the buyer bears the risk as the owner through the transfer of ownership via delivery.

    Copyright:

    Attribution Non-Commercial (BY-NC)
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    of 1

    Effects of the Contract when the thing sold has been lost (art.

    1493-1494) Object Entirely Lost Lost in Part Remedy BEFORE PERFECTION

    Who bears the risk of loss/deterioration/fruits AT PERFECTION AFTER PERFECTION BUT BEFORE DELIVERY
    -Loss confused state -Deterioration and fruits -Buyer bears loss

    AFTER DELIVERY

    Specific Thing

    -contract has no effect

    -withdraw contract -demand the remaining part

    -Sale Indivisible (buyer will pay only the proportionate price of the remaining goods) -Sale Divisible (Art. 1494 (2) as binding, the buyer to pay the agreed price for goods in which the ownership will pass, if the sale was divisible)

    -Res perit domino -Owner is seller so seller bears risk of loss

    -Res perit domino -Contract is merely inefficacious because loss of the subject matter does not affect the validity of the sale. - Seller cannot anymore comply with obligation so buyer cannot anymore be compelled

    - Res perit domino -Delivery extinguishes ownership visa-vis the seller and creates a new one in favor of the buyer

    Mass of specific Goods

    -buyer can treat the sale as avoided

    -buyer can treat the sale as valid in all of the existing goods or in so much thereof as to have not deteriorated. - as binding, the buyer to pay the agreed price for goods in which the ownership will pass, if the sale was divisible

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