Article1498 - 1507

Article 1498
 When the sale is made through a public

instrument, the execution thereof shall be equivalent to the delivery of the thing which is the object of contract, if from the deed the contrary does not appear or cannot clearly be inferred.  With regard to movable property, its delivery may also be made by the delivery of the keys of the place or depository where it is stored or kept.

Public Instrument
 One which is acknowledge before a notary

public or any official authorized to administered oath, by the person who executed the same  The execution of public instrument as a manner of delivery applies to movable as well as immovable property since the law does not make any distinction.  It CAN be clearly inferred by the use of the word “Also” in paragraph 2 of article 1498.  The manner of delivery is also symbolic

to effect the delivery. Symbolic delivery by the execution of a public instrument is equivalent to actual delivery only when the thing is subject to the control of the vendor  Constructive delivery is symbolic when. the parties make use of a token symbol to represent the thing delivered .

or if the latter already had it in his possession for any other reason . if the thing sold cannot be transferred to the possession of the vendee at the time of the sale.Article 1499  The delivery of movable property may likewise be made by the mere consent of agreement of the contracting parties.

 Traditio Longa Menu It takes place by the mere consent or agreement of the contracting parties as when the vendor merely points to the thing sold which shall be thereafter be at the control and disposal of the vendee  Tradition Brevi Menu This mode of legal delivery happens when the vendee has already possession of the thing sold by the virtue of another title as when the lessor sells the thing leased to the lessee .

as for example. when the vendor stays as tenant on the vendee.Article 1500  There may also be tradition Constitutum Possessorium  This mode of delivery is the opposite of Traditio Brevi Menu. . It takes place when the vendor continues in possession of the property sold not as owner but in some other capacity.

In any other case wherein said provisions are not applicable. the provisions of the first paragraph of article 1498 shall govern. with vendor’s consent. shall be understood as a delivery. the placing of the titles of ownership in the possession of the vendee or the use by the vendee of his rights.Article 1501  With respect to incorporeal property. .

by the placing of the titles of ownership in the possession of the vendee. or  When that mode of delivery is not applicable.Quasi Traditio  By the execution of a public instrument. (Arts 1507. The delivery to a person of a negotiable document of title in which it is stated that the goods referred to therein will be delivered to the bearer amounts to delivery of goods to such person. 1508) . or  By allowing the vendee to use his rights as new owner with the consent of the vendor  This mode of delivery of incorporeal things or rights is known as quasi traditio.

if no time has been fixed. or other similar terms. the ownership therein passes to the buyer: . or.Article 1502  When goods are delivered to the buyer “on sale or return” to give the buyer an option to return the goods instead of paying the price. the ownership passes to the buyer on delivery.  When goods are delivered to the buyer on approval or on trial or on satisfaction. within a reasonable time. but he may revest the ownership in the seller by returning or tendering the goods within the time fixed in the contract.

and. on the expiration of such time. on the expiration of a reasonable time. but retains the goods without giving notice of rejection. if no time has been fixed. What is a reasonable time is a question of fact.  If he does not signify his approval or acceptance to the seller. . When he signifies his approval or acceptance to the seller or does any other act adopting the transaction. then if a time has been fixed for the return of goods.

reserve the right of possession or ownership in the goods until certain conditions have been fulfilled. by the terms of the contract.Article 1503  Where there is a contract of sale of specific goods. The right of possession or ownership may be thus reserved notwithstanding the delivery of the goods to the buyer or to a carrier or other bailee for the purpose of transmission to the buyer. the seller may. .

in pursuance of the contract and the ownership in the goods has been retained by the seller merely to secure performance by the buyer of his obligations under the contract.Article 1504  Unless otherwise agreed. but when the ownership therein is transferred to the buyer. the goods are at the buyer’s risk from the time of such delivery. . the goods are at the buyer’s risk whether actual delivery has been made or not except that:  Where the delivery of the goods has been made to the buyer or to a bailee for the buyer. the goods remain at the seller’s risk until the ownership therein is transferred to the buyer.

 Where actual delivery has been delayed through the fault of either the buyer or seller the goods are at the risk of the party in fault .

the buyer acquires no better title to the goods than the seller had. unless the owner of the goods is by his conduct precluded from denying the seller’s authority to sell  Nothing in this title however. where goods are sold by a person who is not the owner thereof and who does not sell them under authority or with the consent of the owner.Article 1505  Subject to the provisions of this Title. shall affect: .

 The validity of any contract or sale under statutory power of sale or under the owner of a court of competent jurisdiction. recording laws. or markets. The provisions of any factor’s acts. or in fairs.  Purchases made in a merchant’s store. or any other provision of law enabling the apparent owner of goods to dispose of them as if he were the true owner thereof. in accordance with the code of commerce and special laws .

Article 1506
 Where the seller of goods has a voidable title

thereto, but his title has not been avoided at the time of the sale, the buyer acquires a good title to the goods, provided he buys them in good faith, for value, and without notice of the seller’s defect of title

Article 1507
 A document of title in which it is stated that the

goods referred to therein will be delivered to the bearer, or to the order of any person named in such document is a negotiable document of title

QUESTIONS

Question #1  With regard to movable property.  A.) True  B. its delivery may also be made by the delivery of the keys of the place or depository where it is stored or kept.) False .

Answer: TRUE (Article 1498) .

 A.) False .) True  B.Question #2 Traditio Longa Menu takes place by the mere consent or agreement of the contracting parties as when the vendor merely points to the thing sold which shall be thereafter be at the control and disposal of the vendee.

Answer: TRUE Article 1499 .

 A.) False .) True  B.Question #3  Constitutum Possessorium is the opposite of traditio Longa menu.

Answer: FALSE Opposite of Tradtion Brevi Menu Article 1500 .

 A.) True  B.) False .Question #4  The delivery to a person of a negotiable document of title in which it is stated that the goods referred to therein will be delivered to the bearer amounts to delivery of goods to such person.

1508) .ANSWER: TRUE (Arts 1507.

or.) False . within a reasonable time. if no time has been fixed.Question #5  The buyer may not revest the ownership in the seller by returning or tendering the goods within the time fixed in the contract.  A.) True  B.

Answer: False The buyer may revest the ownership. .

and delivery to the carrier is deemed to be a delivery to the buyer  A.) True  B. delivery. passes the title in the thing sold. be it only constructive.) False .Question #6  As a general rule.

1494 and 1636) .ANSWER: TRUE Relates to a sale of specific goods (Art.

) True  B.  A.) False .Question #7  Where actual delivery has been delayed through the fault of either the buyer or seller the goods are at the risk of both parties.

ANSWER: False The law punishes the party at fault only .

 A.) True  B.Question #8  A public instrument is one which is acknowledge before a notary public or any official authorized to administered oath. by the person who executed the same.) False .

ANSWER: TRUE Article 1498 .

 A.) True  B.Question #9  The manner of delivery is NOT symbolic.) False .

.ANSWER: FALSE Manner of delivery is symbolic.

Question #10  Constructive delivery is symbolic when. the parties make use of a token symbol to represent the thing delivered  A.) False .) True  B. to effect the delivery.

ANSWER: TRUE Article 1498 .

the ownership passes to the buyer on delivery.  A) True  B) False .Question #11  When goods are delivered to the buyer “on sale or return” to give the buyer an option to return the goods instead of paying the price.

ANSWER: TRUE Article 1502 .

) True  B.  A.) False . the buyer acquires a good title to the goods.Question #12  If the seller’s title has not been avoided at the time of the sale.

ANSWER: TRUE .

 A.Question #13  The execution of public instrument as a manner of delivery applies to movable BUT NOT to immovable property since the law does not make any distinction.) True  B.) False .

Answer: False As well as immovable property .

) Any person  B.) Notary public .Question # 14  Who acknowledges a public instrument?  A.

) Notary Public .ANSWER: A.

) Brevi .Question #15  Fill in the blank:  Tradition _____ Menu This mode of legal delivery happens when the vendee has already possession of the thing sold by the virtue of another title as when the lessor sells the thing leased to the lessee a.) Longa B.

ANSWER: B. Brevi .

) True  B.Question #16  In Quasi Traditio. the vendee is allowed to use his rights as new owner without the consent of the vendor  A.) False .

FALSE It should be with consent .ANSWER: B.

the ownership therein passes to the buyer but with approval.) False . or other similar terms.) True  B.Question #17  When goods are delivered to the buyer on approval or on trial or on satisfaction.  A.

ANSWER: A) True .

Question #18  The execution of public instrument as a manner of delivery applies to movable properties only.) True  B.  A.) false .

) False As well as immovable property .ANSWER: B.

 A.Question #19  Symbolic delivery by the execution of a public instrument is equivalent to actual delivery only when the thing is subject to the control of the buyer.) False .) True  B.

Answer: B.) False In control of the vendor .

) False .Question #20  When goods are delivered to the buyer “on sale or return” to give the buyer an option to return the goods instead of paying the price. the ownership passes to the buyer on delivery.  A.) True  B.

ANSWER: A.) True .

THE END .

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