OBLIGATIONS OF THE SELLER- DECWaTrO

0. Deliver the thing

⁃ Art. 1495: The vendor is bound to transfer the ownership of and deliver, as well as
warrant the thing which is the object of the sale.

⁃ With accessions and accessories: Art. 1537- The vendor is bound to deliver the thing
sold and its accessions and accessories in the condition in which they were upon the perfection of the
contract. All the fruits shall pertain to the vendee from the day on which the contract was perfected.

0. Pay the Expenses for the execution or Registration of deed of sale.

⁃ Art. 1487: The expenses for the execution and registration of the sale shall be borne by
the vendor, unless there is a stipulation to the contrary.

0. Care from perfection to delivery

⁃ Art. 1163: Every person obliged to give something is also obliged to take care of it with
the proper diligence of a good father of a family, unless the law or the stipulation of the parties requires
another standard of care.

0. Warrant the thing sold against eviction and hidden defects.

⁃ Art. 1545: Where the obligation of either party to a contract of sale is subject to any
condition which is not performed, such party may refuse to proceed with the contract or he may waive
performance of the condition. If the other party has promised that the condition should happen or be
performed, such first mentioned party may also treat the non performance of the condition ad a breach
of warranty. 2nd parag: Where the ownership in the thing has not passed, the buyer may treat the
fulfillment by the seller of his obligation to deliver the same as described and as warranted expressly or
by implication in the contract of sale as a condition of the obligation of the buyer to perform his promise
to accept and pay for the thing.

0. Transfer Ownership

⁃ Art. 1495:The vendor is bound to transfer the ownership of and deliver, as well as
warrant the thing which is the object of the sale.

———————————————————

OBLIGATION OF THE BUYER- PINEA

0. Pay the Price of the thing sold

 ⁃ Art. 1582: The vendee is bound to accept delivery and to pay the price of the thing sold
at the time and place stipulated in the contract.

⁃ 2nd parag: If the time and place should not have been stipulated, the payment must be
made at the time and place of the deliver of the thing sold.

0. Interest

⁃ Art. 1589: The vendee shall owe interest, the period between the delivery of the thing
and the payment of the price, in the following cases:

a. Should it have been so stipulated

b. Should the thing sold and delivered produce fruits or income

c. Should he be in default, from the time of judicial or extrajudicial demand for the payment of the price.

0. Give Notice- branch of warraty

⁃ Art. 1586: In the absence of express or implied agreement of the parties, acceptance of
the goods by the buyer shall not discharge the seller from liability in damages or other legal remedy for
breach of any promise or warranty in the contract of sale. But, if, after acceptance of the goods, the
buyer fails to give notice to the seller of the breach in any promise of warranty within a reasonable time
after the buyer knows, or ought to know of such breach, the seller shall not be liable therefor.

0. Examine the goods

⁃ Art. 1584: Where goods are delivered to the buyer, which he has not previously
examined, he is not deemed to have accepted them unless and until he has a reasonable opportunity of
examining them for the purpose of ascertaining whether they are in conformity with the contract if
there is no stipulation to the contrary.

⁃ 2nd parag: Unless otherwise agreed, when the seller tenders delivery og goods to the
buyer, he is bound, on request, to afford the buyer a reasonable opportunity of examining the goods for
the purpose of ascertaining whether they are conformity with the contract.

⁃ 3rd parag: Where goods are delivered to a carrier by the seller, in accordance with an
order from or agreement with the buyer, upon the terms that the goods shall not be delivered by the
carrier to the buyer until he has paid the price, whether such terms are indicated by marking the goods
with the words “collect on delivery”, or otherwise, the buyer is not entitled to examine the goods before
the payment of the price, in the absence of agreement or usage of trade permitting such examination.

0. Accept delivery

⁃ Art. 1582: The vendee is bound to accept delivery and to pay the price of the thing sold
at the time and place stipulated in the contract. 2nd parag: If the time and place should not have been
stipulated, the payment must be made at the time and place of the deliver of the thing sold.s nsskksks
swkskwks skakalsls ksslls smslslnsnsmsksleksnsmelsososkekskddm