CHAPTER 6

ACTIONS FOR BREACH OF CONTRACT OF SALE OF GOODS

General Provisions
(Article 1594)

Action by the seller Action by the seller for Action by the seller Action by the buyer Action by the buyer for
for payment of the damages for non- for rescission of the for specific rescission or damages for
price acceptance of the contract performance breach of warranty
goods (Article 1598) (Article 1599)
(Article 1595) (Article 1597)

1.) Ownership has 1.) Buyer, without 1.) Buyer has The seller has broken 1.) Recoupment
passed to the lawful cause, repudiated the a contract to deliver
buyer and the refuses to pay the contract of sale specific or 2.) Action or
buyer wrongfully price. 2.) Buyer has ascertained goods; a counterclaim for
neglects it. 2.) In an executory manifested his court may, on the
damages
2.) Price is payable contract, the inability to perform application of the
on a certain day seller’s remedy is his obligations buyer, direct that the
and; buyer action for thereunder contract shall be 3.) Rescission
refuses to pay the damages 3.) Buyer has performed
price. 3.) Goods are not yet committed a specifically, without
3.) Goods cannot identified at the breach of the giving the seller the
readily be resold time of the contract of sale option of retaining the
for a reasonable contract or goods on payment of
price subsequently damages.