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By the contract of sale one of the contracting parties obligates himself to transfer the ownership and to deliver a determinate thing, and the other to pay therefor a price certain in money or its equivalent. A contract of sale may be absolute or conditional. Art. 1165. When what is to be delivered is a determinate thing, the creditor, in addition to the right granted him by Article 1170, may compel the debtor to make the delivery. Art. 1475. The contract of sale is perfected at the moment there is a meeting of minds upon the thing which is the object of the contract and upon the price. From that moment, the parties may reciprocally demand performance, subject to the provisions of the law governing the form of contracts Art. 1169. Those obliged to deliver or to do something incur in delay from the time the obligee judicially or extrajudicially demands from them the fulfillment of their obligation. However, the demand by the creditor shall not be necessary in order that delay may exist: (1) When the obligation or the law expressly so declare; or (2) When from the nature and the circumstances of the obligation it appears that the designation of the time when the thing is to be delivered or the service is to be rendered was a controlling motive for the establishment of the contract; or (3) When demand would be useless, as when the obligor has rendered it beyond his power to perform. In reciprocal obligations, neither party incurs in delay if the other does not comply or is not ready to comply in a proper manner with what is incumbent upon him. From the moment one of the parties fulfills his obligation, delay by the other begins. Art. 1191. The power to rescind obligations is implied in reciprocal ones, in case one of the obligors should not comply with what is incumbent upon him. The injured party may choose between the fulfillment and the rescission of the obligation, with the payment of damages in either case. He may also seek rescission, even after he has chosen fulfillment, if the latter should become impossible. The court shall decree the rescission claimed, unless there be just cause authorizing the fixing of a period. This is understood to be without prejudice to the rights of third persons who have acquired the thing, in accordance with Articles 1385 and 1388 and the Mortgage Law. Art. 1355. Except in cases specified by law, lesion or inadequacy of cause shall not invalidate a contract, unless there has been fraud, mistake or undue influence Art. 1470. Gross inadequacy of price does not affect a contract of sale, except as it may indicate a defect in the consent, or that the parties really intended a donation or some other act or contract. Art. 725. Donation is an act of liberality whereby a person disposes gratuitously of a thing or right in favor of another, who accepts it. Art. 1471. If the price is simulated, the sale is void, but the act may be shown to have been in reality a donation, or some other act or contract.
Art. he can only make use of the right to recover the thing which he has delivered while the same remains in the possession of the other party. otherwise. the transaction shall be characterized by the manifest intention of the parties. (n) Art. As to all matters not specifically provided for in this Title. whether the same is on hand at the time or not. the employer may have the defect removed or another work executed. but he shall be entitled to damages. 1638. it shall be considered a barter if the value of the thing given as a part of the consideration exceeds the amount of the money or its equivalent. Art. This contract shall be governed by the following articles as well as by the pertinent provisions on warranty of title and against hidden defects and the payment of price in a contract of sale. 1468. it is a sale. it is a contract for a piece of work. but a waiver or compromise shall not affect the right of a creditor of a partnership who extended credit or whose claim arose after the filing and before a cancellation or amendment of the certificate. at the contractor's cost. or he may only demand an indemnity for damages. 1714. Art. By the contract of barter or exchange one of the parties binds himself to give one thing in consideration of the other's promise to give another thing. Art. If such intention does not clearly appear. The contractor may either employ only his labor or skill. A limited partner holds as trustee for the partnership: (1) Specific property stated in the certificate as contributed by him. he cannot be compelled to deliver that which he offered in exchange. A limited partner is liable to the partnership: (1) For the difference between his contribution as actually made and that stated in the certificate as having been made. A contract for the delivery at a certain price of an article which the vendor in the ordinary course of his business manufactures or procures for the general market. barter shall be governed by the provisions of the preceding Title relating to sales. 1713. If the contract fails or refuses to comply with this obligation. The contract shall execute the work in such a manner that it has the qualities agreed upon and has no defects which destroy or lessen its value or fitness for its ordinary or stipulated use. However. and without prejudice to the rights acquired in good faith in the meantime by a third person. By the contract for a piece of work the contractor binds himself to execute a piece of work for the employer. Art. 1639. and (2) Money or other property wrongfully paid or conveyed to him on account of his contribution. but which was not contributed or which has been wrongfully returned. Art. he is nevertheless liable to the partnership for any sum. having received the thing promised him in barter. Art. 1858. is a contract of sale. The liabilities of a limited partner as set forth in this article can be waived or compromised only by the consent of all members. If one of the contracting parties. . One who loses by eviction the thing received in barter may recover that which he gave in exchange with a right to damages. not in excess of such return with interest. and (2) For any unpaid contribution which he agreed in the certificate to make in the future at the time and on the conditions stated in the certificate. 1715. should prove that it did not belong to the person who gave it. but if the goods are to be manufactured specially for the customer and upon his special order. to enforce such liabilities. necessary to discharge its liabilities to all creditors who extended credit or whose claims arose before such return. 1641. Should the work be not of such quality. If the contractor agrees to produce the work from material furnished by him. (n) Art. or also furnish the material. he shall deliver the thing produced to the employer and transfer dominion over the thing. the employer may require that the contractor remove the defect or execute another work. in consideration of a certain price or compensation. and partly in another thing.Art. and not for the general market. 1467. When a contributor has rightfully received the return in whole or in part of the capital of his contribution. 1640. If the consideration of the contract consists partly in money.
(3) Foreclose the chattel mortgage on the thing sold. . shall be governed by the law of sales. The preceding article shall be applied to contracts purporting to be leases of personal property with option to buy. should the vendee's failure to pay cover two or more installments. Any agreement to the contrary shall be void. he shall have no further action against the purchaser to recover any unpaid balance of the price. the vendor may exercise any of the following remedies: (1) Exact fulfillment of the obligation. Art. In a contract of sale of personal property the price of which is payable in installments. 1485. when the lessor has deprived the lessee of the possession or enjoyment of the thing. 1484. Art. should the vendee fail to pay. should the vendee's failure to pay cover two or more installments. (2) Cancel the sale. if one has been constituted. Dation in payment.Art. In this case. whereby property is alienated to the creditor in satisfaction of a debt in money. 1245.
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