Rights and Obligations under a Contract of Sale

7/26/2019 Rights and Obligations under a Contract of Sale

1/30

Right to Bid

Right to Cancel the Sale

Right to retain the goods

Right to Demand Fulfillment ofObligation of Vendor

Right to Foreclose Chattel MortgageOver the Thing Sold


2/30

Right of stoppage in transitu

Right to resell

Right to rescission

Right not to deliver


3/30

Right to Action for Damages

Right to Action for the rice of the!oods


4/30

Right to Rescission

Right of Refusal to Accept Deliver"or Re#ect the !oods

Right to All the Fruits Of the ThingSold


5/30

Right to $%amine the !oods

Right to Claim Damages

Other Rights

Right to Demand Recover" orReturn of the rice aid


6/30

Transfer the O'nership Of andDeliver the Thing Sold


7/30

To &arrant The Thing Sold

Bear the $%penses

To reserve the Thing ending itsDeliver"


8/30


9/30

Accept Deliver" and a" the rice

Return the Thing Sold


10/30

CONTRACT OF SALE

Rights of the Vendor

Article ()*+ enumerates the provisions governing sale b" auction and number ,-. provides that/conse0uentiall"/ 'hen it 'as reserved e%pressl" b" or on behalf of the seller and unless other'iseprovided b" la' or b" stipulation/ the vendor has the right to bid1

Article ()2) states that in a contract of sale of personal propert" in installments/ the vendor has theright to e%act fulfillment of the obligation should the vendee fail to pa"1

Article ()2) also provides the vendor the right to cancel the sale should the vendee fail to pa" t'o ormore installments in sale of personal propert" in installments1

Also/ in sale of personal propert" in installments/ Article ()2) grants that a vendor ma" foreclose thechattel mortgage on the thing sold/ if one has been constituted should the vendee fail to pa" t'o ormore installments in sale on personal propert" in installments1

B" stipulation pursuant to Article ()*2 'here both the vendor and the vendee has the right tostipulate that o'nership in the thing shall not pass to the purchaser until he has full" paid the price1

Article (34- provides that in sale of specific goods/ the seller has the right to reserve the right ofpossession or o'nership1

The vendor also has the right not to deliver the thing sold/ if the vendee has not paid him the price/ orif no period for the pa"ment has been fi%ed in the contract as provided for under Article (35)1

Article (35* states that 'hen the vendor is an unpaid seller of goods/ the vendor has the right of lienand has the right to retain possession of such goods in three ,-. instances6(1. &here the goods have been sold 'ithout an" stipulation as to credit751. &here the goods have been sold on credit/ but the term of credit has e%pired7-1. &here the bu"er becomes insolvent1


11/30

CONTRACT OF SALE

Rights of the Vendor

And 'hen the unpaid seller has made part deliver" of the goods/ he ma" still e%ercise his right of lienon the remainder/ unless such part deliver" constitutes 'aiver on his part of the lien or right ofretention pursuant to Article (3521

8nder Articles (3-4 and (3-5/ the unpaid seller 'ho has parted 'ith the goods has the right ofstopping the goods in transitu 'hen the bu"er of goods is or becomes insolvent19o' e%ercised6(1. B" obtaining actual possession of the goods/ OR51. B" giving notice of his claim to the carrier or other bailee in 'hose possession the goods are1

Article (3-- provides that the vendor has the right to resell the goods1&hen $%ercised6(1. &here the goods are of perishable nature751. &here the seller e%pressl" reserves the right of resale in case the bu"er should ma:e default7 or/-1. &here the bu"er has been in default in the pa"ment of the price for an unreasonable time1

Article (3)3 grants the vendor the right to rescission 'hen in a contract of sale sub#ect to acondition/ such condition 'as not performed b" the vendee unless the former 'aives theperformance of such condition1

The vendor also has the right to rescission 'hen he has reasonable grounds to fear the loss ofimmovable propert" sold and its price as provided for under Article (3;(1

And Article (3;* provides that the vendor has the right to rescind the contract of sale b" informing

the bu"er of his action to do 'hen the goods have not been delivered to the bu"er and the bu"er has6(1. repudiated the contract of sale/51. manifested his inabilit" to perform his obligations thereunder/ or-1. committed a breach of the contract of sale1

The second paragraph of Article (35+ grants the unpaid seller the right of 'ithholding deliver"similar to and coe%tensive 'ith his rights of lien and stoppage in transitu 'here the o'nership in thegoods has not passed to the bu"er1


12/30

CONTRACT OF SALE

Rights of the Vendee


13/30

This right is available to the vendee under Article (3-*1

CONTRACT OF SALE


ursuant to Article (33+/ the vendee ma" demand rescission of the contract 'hen6(1. he loses a part of the thing sold of such importance in relation to the 'hole/ that he 'ould nothave bought it 'ithout said b" reason of the eviction/51. t'o or more things have been #ointl" sold for a lump sum/ or for a separate price for each of them/if it should clearl" appear that the vendee 'ould not have purchased one 'ithout the other1


14/30

8nder Article (32)/ the vendee has the right to e%amine the goods delivered to him1

s fault pursuant to Article (3+;1

Article (3331 &hen the 'arrant" has been agreed upon or nothing has been stipulated on this point/in case eviction occurs/ the vendee shall have the right to demand of the vendor6,(. The return of the value 'hich the thing sold had at the time of the eviction/ be it greater or lessthan the price of the sale7,5. The income or fruits/ if he has been ordered to deliver them to the part" 'ho 'on the suit againsthim7

,-. The costs of the suit 'hich caused the eviction/ and/ in a proper case/ those of the suit broughtagainst the vendor for the 'arrant"7,). The e%penses of the contract/ if the vendee has paid them7,3. The damages and interests/ and ornamental e%penses/ if the sale 'as made in bad faith1


15/30

CONTRACT OF SALE

Obligations of the Vendor

8nder Article (35(/ the vendor is obligated to send the goods to the bu"er 'ithin a reasonable time1

&arrant" Against $viction

ursuant to Articles ();* to (34(/ there is deliver" of the thing sold6(1. 'hen it is placed in the control and possession of the vendee751. through the e%ecution of a public document7-1. b" mere consent of the parties or 'hen the vendee/ at the time of the sale/ alread" has thepossession of the thing sold7)1. 'hen the possession of the vendor is no longer that of an o'ner in traditio constitutumpossessorium731. b" placing of the titles of o'nership in the possession of the vendee1

The vendor also has the obligation to deliver the thing sold and its accessions and accessories in thecondition in 'hich the" 'ere upon the perfection of the contract under Article (3-*1

Articles (3)* provides that the vendor 'arrants the thing sold against eviction and hidden defects/thus6,(. An implied 'arrant" on the part of the seller that he has a right to sell the thing at the time 'henthe o'nership is to pass/ and that the bu"er shall from that time have and en#o" the legal andpeaceful possession of the thing7,5. An implied 'arrant" that the thing shall be free from an" hidden faults or defects/ or an" chargeor encumbrance not declared or :no'n to the bu"er1

The vendor shall ans'er for the eviction despite non=stipulation in the contract,Article (3)2/ paragraph 5.1

&here the vendee has renouned the right such 'arrant" and eviction ta:es place/ thevendor shall pa" the value 'hich the thing sold had at the time of eviction pursuant toArticle (33)1


16/30

&arrant" Against 9idden Defects

CONTRACT OF SALE


Corollar" to Article (332/ 'hen the vendor is summoned in the suit for eviction at theinstance of the vendee/ the former is obliged to ma:e good the proper 'arrant"1

8nder Article (3++/ the vendor is responsible to the vendee for an" hidden defects in

the thing sold/ even though he 'as not a'are thereof unless the contrar" has beenstipulated and the vendor 'as not a'are of the hidden defects in the thing sold1

The vendor shall bear the loss of the thing sold should it be lost in conse0uence of thehidden faults and the vendor 'as a'are of them1 The vendor shall be obliged toreturn the price and refund the e%penses of the contract/ 'ith damages1


17/30

CONTRACT OF SALE

Obligations of the Vendee

ursuant to Article (325/ the vendee is bound to accept deliver" and to pa" the price of the thing soldat the time and place stipulated in the contract1


18/30

8nder Article (32;/ the vendee is obliged to pa" interest for the period bet'een the deliver" of thething and the pa"ment of the price/ 'hen6(1. So stipulated751. The thing sold and delivered produce fruits or income7-1. 9e is in default/ from the time of #udicial or e%tra#udicial demand for the pa"ment of the price1

The bu"er is obliged to pa" at the contract rate 'hen6(1.


19/30

Right to Rescission


20/30

Right to $%amine the !oods

Right to Claim Damages

Right of Refusal to Accept Deliver"

or Re#ect the !oods

Right to All the Fruits Of the ThingSold

Right to Demand Recover" orReturn of the rice aid


21/30

Other Rights


22/30

CONTRACT OF SALE


Article ()2( grants the vendee the right to rescission in a contract of sale of goods b" description orb" sample if6

(1. the bul: of the goods delivered do not correspond 'ith the description or the sample/51. the contract be b" sample as 'ell as description/ it is not sufficient that the bul: of goodscorrespond 'ith the sample if the" do not also correspond 'ith the description1

The vendee has the right to rescission provided for under Article (3)3 'hen in a contract of salesub#ect to a condition/ such condition 'as not performed b" the vendor unless the vendee 'aives theperformance of such condition1

ursuant to Article (33+/ the vendee ma" demand rescission of the contract 'hen6(1. he loses a part of the thing sold of such importance in relation to the 'hole/ that he 'ould nothave bought it 'ithout said b" reason of the eviction/51. t'o or more things have been #ointl" sold for a lump sum/ or for a separate price for each of them/if it should clearl" appear that the vendee 'ould not have purchased one 'ithout the other1


23/30

This right is available to the vendee under Article (3-*1

CONTRACT OF SALE


8nder Article (32)/ the vendee has the right to e%amine the goods delivered to him1

Art1 (355 enumerates instances 'hen the vendee ma" refuse to accept deliver" or to re#ect the goods/thus6(1. &here the seller delivers a 0uantit" of goods less than he contracted to sell/51. &here the seller delivers a 0uantit" of goods larger than he contracted to sell/ the bu"er ma"

accept the goods included in the contract and re#ect the rest/-1. &here the seller delivers to the bu"er the goods he contracted to sell mi%ed 'ith goods of adifferent description not included in the contract/ the bu"er ma" accept the goods 'hich are inaccordance 'ith the contract and re#ect the rest1


24/30

The vendee has the right to claim damages against the vendor 'hen the latter acted in bad faith'here the thing sold had an" hidden fault at the time of the sale and 'as lost b" a fortuitous event orthrough the former>s fault pursuant to Article (3+;1

Art1 (3331 &hen the 'arrant" has been agreed upon or nothing has been stipulated on this point/ incase eviction occurs/ the vendee shall have the right to demand of the vendor6,(. The return of the value 'hich the thing sold had at the time of the eviction/ be it greater or lessthan the price of the sale7,5. The income or fruits/ if he has been ordered to deliver them to the part" 'ho 'on the suit againsthim7,-. The costs of the suit 'hich caused the eviction/ and/ in a proper case/ those of the suit broughtagainst the vendor for the 'arrant"7,). The e%penses of the contract/ if the vendee has paid them7

,3. The damages and interests/ and ornamental e%penses/ if the sale 'as made in bad faith1


25/30

To &arrant The Thing Sold

Transfer the O'nership Of andDeliver the Thing Sold


26/30

Bear the $%penses

To reserve the Thing ending itsDeliver"


27/30

CONTRACT OF SALE


8nder Article (35(/ the vendor is obligated to send the goods to the bu"er 'ithin a reasonable time1

&arrant" Against $viction

&arrant" Against 9idden Defects

ursuant to Articles ();* to (34(/ there is deliver" of the thing sold6(1. 'hen it is placed in the control and possession of the vendee751. through the e%ecution of a public document7-1. b" mere consent of the parties or 'hen the vendee/ at the time of the sale/ alread" has the

possession of the thing sold7)1. 'hen the possession of the vendor is no longer that of an o'ner in traditio constitutumpossessorium731. b" placing of the titles of o'nership in the possession of the vendee1

The vendor also has the obligation to deliver the thing sold and its accessions and accessories in thecondition in 'hich the" 'ere upon the perfection of the contract under Article (3-*1

Articles (3)* provides that the vendor 'arrants the thing sold against eviction and hidden defects/thus6,(. An implied 'arrant" on the part of the seller that he has a right to sell the thing at the time 'henthe o'nership is to pass/ and that the bu"er shall from that time have and en#o" the legal andpeaceful possession of the thing7,5. An implied 'arrant" that the thing shall be free from an" hidden faults or defects/ or an" chargeor encumbrance not declared or :no'n to the bu"er1

The vendor shall ans'er for the eviction despite non=stipulation in the contract,Article (3)2/ paragraph 5.1

&here the vendee has renouned the right such 'arrant" and eviction ta:es place/ thevendor shall pa" the value 'hich the thing sold had at the time of eviction pursuant toArticle (33)1

Corollar" to Article (332/ 'hen the vendor is summoned in the suit for eviction at the

instance of the vendee/ the former is obliged to ma:e good the proper 'arrant"1

8nder Article (3++/ the vendor is responsible to the vendee for an" hidden defects inthe thing sold/ even though he 'as not a'are thereof unless the contrar" has beenstipulated and the vendor 'as not a'are of the hidden defects in the thing sold1


28/30

CONTRACT OF SALE


The vendor shall bear the loss of the thing sold should it be lost in conse0uence of thehidden faults and the vendor 'as a'are of them1 The vendor shall be obliged toreturn the price and refund the e%penses of the contract/ 'ith damages1


29/30

Accept Deliver" and a" the rice

Return of the Thing Sold


30/30

CONTRACT OF SALE

Obligations of the Vendee

ursuant to Article (325/ the vendee is bound to accept deliver" and to pa" the price of the thing soldat the time and place stipulated in the contract1

8nder Article (32;/ the vendee is obliged to pa" interest for the period bet'een the deliver" of thething and the pa"ment of the price/ 'hen6(1. So stipulated751. The thing sold and delivered produce fruits or income7-1. 9e is in default/ from the time of #udicial or e%tra#udicial demand for the pa"ment of the price1

The bu"er is obliged to pa" at the contract rate 'hen6(1.

Documents

Rights and Obligations under a Contract of Sale