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Obligation of the Vendor

1. General Obligation
A. To preserve the thing
a. Art 1163 Every person obliged to give something is also
obliged to take care of it with the proper diligence of a good
father, unless the law or the stipulation of the parties requires
another standard of care.
B. To deliver the thing sold(1537)
a. Form of delivery
i. Real property
It is sellers duty to deliver the thing sold in a condition
suitable for its enjoyment by the buyer for the purposes
contemplated.
Seller should not shift to the buyer the burden of
providing access to and from the lot; it is he sellers duty
to construct necessary roads in the lot that could serve as
outlets.
Proper access to the residence is essential to its
enjoyment.
Note: The vendee has the right to the fruit of the thing sold
from the time the obligation to deliver it arises. (Upon
PERFECTION of contract)
ii.
iii.
C.
a.
b.

Personal Property
Incorporeal Property
Transfer of ownership to the buyer
General rule delivery
When delivery does not transfer title
i. Delivery on approval, trial or satisfaction (1502)
ii. Express reservation of title
iii. Implied reservation of title
Goods deliverable to the order of shipper -MM
iv. When seller is not the owner (1505)M,

TIME AND PLACE OF DELIVERY


Article 1521-1524
I.

Time and Place of delivery


a. Time (1521)

II.
III.

b. Place (1521)
Rule in case of delivery (1521)
Expenses for delivery

Articles 1536-1543
I.

II.

Completeness of delivery
a. Real Estate
i. Where it is sold per unit or number
ii. Where it is sold for a lump sum or a single price
iii. Prescription of action
b. Movables
i. If there is deficiency in quantity or quality
ii. If there is an excess
c. What delivery includes (1537, par 2)
Sales to two different persons (1544) DOUBLE SALE
a. Rules as to immovable
b. Rules as to movables
c. What good faith of buyer consists of

CHAPTER 3 OBLIGATION OF THE VENDEE


Articles 1582-1593
I.

II.

To accept delivery
a. Rule if there was no previous examination (1584)
b. Effect of unjust refusal to accept (1588)
c. Duty of the buyer for justifiable refusal to accept
(1587)
Payment of price and interest
a. Time and place (1582)
b. Suspension of payment after delivery (1590)
i. Grounds
ii. When there is no right to suspend
c. Payment of interest on the price (1589): When
i. Before default
ii. After default

RIGHTS OF THE UNPAID SELLER


Article 1525-1535
I.
II.

Definition of unpaid seller(1525)


a. What term seller includes (1525)
Rights of an unpaid seller (1526)

III.

a. Lien on the goods (1526, par 1)


i. When the lien exists (1527, 1528)
ii. When the lien lost (1529)
b. Right of stoppage in transit (1526, no. 2)
i. Requisites for the exercise of the right (1526,
1530)
1. When good are no longer in transit (1531)
ii. Effect of partial delivery (1531, par 4)
iii. How right is exercised (1532)
c. Right of resale (1533)
i. Requisites for exercise of the right
ii. Notice of resale to the buyer
1. General rule
2. Exception
iii. Manner of resale
d. Right to rescind the sale (1526, No. 4)
i. Requisites
ii. Notice of intention to rescind
iii. Effect of rescission
Effects of sale or other disposition of goods
a. General rule (1523, par. 1)
b. Exception (1535, pars. 1&2)

Articles 1594-1599
I.
II.
III.
IV.
V.

Action for the price (1595)


a. Grounds
Sellers action for damages for non-acceptance (1596)
a. Grounds
b. Measure for damages
Sellers action for total rescission (1597)
a. Requisites
Buyers action for sellers specific performance (1598)
Buyers action for breach of warranty (1599)
a. Buyers option
b. Nature of options-alternative
c. When buyer cannot rescind
d. Effects of election to rescind (1599, par 4)
i. As to liability for the price
ii. Recovery of the price
iii. As refusal of seller to accept the return
e. Loss in case of breach of warranty of quality (!599,
par 5)
i. Measure of liability