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VII. OBLIGATIONS OF THE VENDEE/BUYER - Coggle Diagram

- - - - VENDOR'S EXPENSES:
        
        EXECUTION & REGISTRATION
        Article 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. (1455a)
        
        DELIVERABLE STATE
        Article 1521.
        xxx
        Unless otherwise agreed, the expenses of and incidental to putting the goods into a deliverable state must be borne by the seller. (n)
        
        UNLESS STIPULATED OTHERWISE
        
        UNLESS OTHERWISE AGREED
    - - IF NOT STIPULATED ->
        PAY AT TIME & PLACE OF DELIVERY
        If the time and place should not have been stipulated, the payment must be made at the time and place of the delivery of the thing sold. (1500a)
    - - 2. MEANING OF ACCEPTANCE
        
        BUYER DEEMED ACCEPTED IF:
        ARTICLE 1585. The buyer is deemed to have accepted the goods when he
        
        INTIMATES
        intimates to the seller that he has accepted them,
        or
        
        DELIVERED:
        a. ACT INCONSISTENT w/ S' OWNERSHIP
        when the goods have been delivered to him, and he does any act in relation to them which is inconsistent with the ownership of the seller,
        or
        
        LAPSE OF:
        a. REASONABLE TIME
        b. RETAINED
        c. NO INTIMATION OF REJECTION
        when, after the lapse of a reasonable time, he retains the goods without intimating to the seller that he has rejected them. (n)
        
        PASSES TO BUYER IF :check:
        
        ACCEPT
        
        DEEMED ACCEPT
        a. INTIMATES
        b. ACT INCONSISTENT W/ S' OWNERSHIP
        c. LAPSE OF REAS-TIME + NO REJECT
        
        UNJUSTIFIED REFUSAL
        
        CARRIER FOR TRANSMISSION
        
        BUYER BEARS RISK STILL [1504]
        
        SECURITY RETENTION BY S
        
        DELAYED DELIVERY BY FAULT S/B
        
        DOESN'T PASS TO BUYER: :red_cross:
        
        JUSTIFIED REFUSAL
        
        VOLUNTARY DEPOSITARY
        a. BUT LIABLE AS SUCH
        
        NO REAS-OPP TO EXAM
        a. EXC: STIPULATION :green_cross:
        b. EXC: "COLLECT ON DELIVERY" :green_cross:
        -(MUST PAY BEFORE C->B DELIV)
        
        3. EFFECT OF ACCEPTANCE
        
        4. WHEN BUYER'S REFUSAL TO ACCEPT JUSTIFIED/WRONGFUL
        
        5. DELIVERY BY INSTALLMENTS
        
        6. RIGHT TO EXAMINE GOODS
        PRIOR TO DELIVERY
        
        NOT DEEMED ACCEPTED:
        
        DELIVERED TO BUYER
        
        NO PREVIOUS EXAMINATION
        Article 1584. Where goods are delivered to the buyer, which he has not previously examined, he is not deemed to have accepted them
        
        2 more items...
        
        BUYER NOT BOUND TO ACCEPT
        IN INSTALLMENTS
        Article 1583. Unless otherwise agreed, the buyer of goods is not bound to accept delivery thereof by installments...
        
        WHAT SUBSTANTIAL BREACH WARRANTS IS CASE-TO-CASE IF:
        
        INSTALLMENTS
        -SEPARATELY PAID
        
        SELLER MAKES DEFECTIVE DELIVERIES
        
        BUYER REFUSES TO PAY
        a. WITHOUT CAUSE
        ...Where there is a contract of sale of goods to be delivered by stated INSTALLEMENTS, which are to be separately paid for,
        AND
        the seller makes defective deliveries in respect of one or more instalments,
        OR
        the buyer neglects or refuses without just cause to take delivery of or pay for one or more instalments,
        
        it depends in each case on the terms of the contract and the circumstances of the case,
        whether the breach of contract is so material as to justify the injured party in
        refusing to proceed further AND
        suing for damages for breach of the entire contract, or
        whether the breach is severable,
        giving rise to a claim for compensation but not to a right to treat the whole contract as broken. (n)
        
        2 more items...
        
        UNLESS AGREED
        
        BUYER NOT BOUND TO RETURN IF:
        
        JUSTIFIED REFUSAL
        Article 1587. Unless otherwise agreed,
        where goods are delivered to the buyer, and
        he refuses to accept them, having the right so to do, he is not bound to return them to the seller,
        
        NOTICED REFUSAL
        but it is sufficient if he notifies the seller that he refuses to accept them.
        
        UNJUSTIFIED -> BUYER'S TITLE
        Article 1588. If there is no stipulation as specified in the first paragraph of article 1523,
        when the buyer's refusal to accept the goods is without just cause, the title thereto passes to him from the moment they are placed at his disposal. (n)
        
        CARRIER FOR TRANSMISSION = DELIVERY
        Article 1523. Where, in pursuance of a contract of sale,
        the seller is authorized or required to send the goods to the buyer,
        delivery of the goods to a carrier, whether named by the buyer or not, for the purpose of transmission to the buyer is deemed to be a delivery of the goods to the buyer,
        except in the cases provided for in article 1503, first, second and third paragraphs, or unless a contrary intent appears.
        X X X
        
        VOLUNTARY DEPOSITARY
        If he voluntarily constitutes himself a depositary thereof, he shall be liable as such. (n)
        
        "Having the right so to do" what?
        Refuse or accept?
        
        UNLESS AGREED
        OTHERWISE
        
        ACCEPTANCE DOES NOT DISCHARGE SELLER FROM LIABILITY FOR:
        
        DAMAGES
        
        BREACH REMEDIES
        
        WARRANTIES
        ARTICLE 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.
        
        EXCEPTION:
        
        AGREEMENT
        a. EXPRESS/IMPLIED
        
        NO NOTICE:
        a. AFTER ACCEPTANCE
        b. AFTER BUYER KNOWS/OUGHT TO KNOW
        d. WITHIN REASONABLE TIME
        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. (n)
  - - - 3. EFFECT OF FAILURE TO PAY PRICE
      - FEARED DISTURBED/DANGER ->
        BUYER MAY SUSPEND PAYMENTS
        ARTICLE 1590. Should the vendee be disturbed in the possession or ownership of the thing acquired, or should he have reasonable grounds to fear such disturbance, by a vindicatory action or a foreclosure of mortgage, he may suspend the payment of the price...
        
        UNLESS:
        (CSSM)
        
        CEASED BY VENDOR
        
        SECURITY
        a. FOR PRICE
        b. BY VENDOR
        
        STIPULATED
        
        MERE TRESPASS
        ...until the vendor has caused the disturbance or danger to cease,
        ...unless the latter gives security for the return of the price in a proper case, or it has been stipulated that, notwithstanding any such contingency, the vendee shall be bound to make the payment.
        
        A mere act of trespass shall not authorize the suspension of the payment of the price. (1502a)
        
        LESSOR -> MERE TRESPASSER :red_cross:
        ARTICLE 1664. The lessor is not obliged to answer for a mere act of trespass which a third person may cause on the use of the thing leased;
        
        REDHIBITORY DEFECT OF IMMOVABLE
        BUYER EITHER MAY:
        
        RESCISSION
        
        INDEMNITY
        ARTICLE 1560. If the immovable sold should be encumbered with any
        non-apparent burden or servitude,
        not mentioned in the agreement,
        
        of such a nature that it must be presumed that the vendee would not have acquired it had he been aware thereof,
        he may ask for the rescission of the contract, unless he should prefer the appropriate indemnity.
        
        EXCEPTION: REGISTERED DEFECT
        Neither right can be exercised if the non-apparent burden or servitude is recorded in the Registry of Property,
        
        EXC-EXC: EXPRESS WARRANTY
        unless there is an express warranty that the thing is free from all burdens and encumbrances...
        
        PRESCRIPTION:
        1 YEAR FROM EXECUTION OF DEED
        ...Within one year, to be computed from the execution of the deed, the vendee may bring the action for rescission, or sue for damages.
        
        LESSEE -> MERE TRESPASSER :check:
        but the lessee shall have a direct action against the intruder.
        
        "MERE TRESPASS" = CLAIMS NO RIGHT
        There is a mere act of trespass when the third person claims no right whatever. (1560a)
    - - FROM DEMAND TO PAYMENT
        
        DEFAULT
        (3) Should he be in default, from the time of judicial or extrajudicial demand for the payment of the price. (1501a)
    - - RECKONING POINT FOR RECI-OBLIG:
        FULFILLMENT
        From the moment one of the parties fulfills his obligation, delay by the other begins. (1100a)