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VII. OBLIGATIONS OF THE VENDEE/BUYER - Coggle Diagram
VII. OBLIGATIONS OF THE VENDEE/BUYER
A. PAY THE PRICE
B. ACCEPT DELIVERY
C. BEAR EXPENSES FOR EXECUTION AND REGISTRATION OF SALE AND PLACING GOODS IN A DELIVERABLE STATE, IF SO STIPULATED
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)
SELLER'S EXPENSES:
PUTTING GOODS INTO
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 OTHERWISE AGREED
UNLESS STIPULATED OTHERWISE
BUYER BOUND TO:
ACCEPT DELIVERY
PAY THE PRICE
AT TIME & PLACE STIPULATED
ARTICLE 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.
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)
1. MEANING OF ACCEPTANCE
2. MEANING OF ACCEPTANCE
BUYER DEEMED ACCEPTED IF:
ARTICLE 1585. The buyer is deemed to have accepted the goods when he
INTIMATES ACCEPTANCE
intimates to the seller that he has accepted them,
or
DELIVERED:
a.
ACT INCONSISTENT w/ SELLER'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)
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...
b.
DELIVERY BY INSTALLMENTS
BUYER NOT BOUND TO ACCEPT
DELIVERY BY 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 instalments, 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)
1 more item...
UNLESS AGREED
BUYER NOT BOUND TO RETURN TO SELLER IF:
DELIVERED TO BUYER
REFUSES TO ACCEPT THEM
a.
HAVING THE RIGHT TO DO SO
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,
BUT IT IS SUFFICIENT IF HE NOTIFIES SELLER OF REFUSAL TO ACCEPT
but it is sufficient if he notifies the seller that he refuses to accept them.
BUYER'S REFUSAL TO ACCEPT
w/o JUST CAUSE -> TITLE PASSES TO BUYER
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)
1 more item...
VOLUNTARILY CONSTITUTES HIMSELF AS DEPOSITARY = LIABLE AS SUCH
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.
BY BUYER
c.
WITHIN REASONABLE TIME
d.
AFTER BUYER KNOWS/OUGHT TO KNOW
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)
BUYER BOUND TO:
ACCEPT DELIVERY
PAY THE PRICE
AT TIME & PLACE STIPULATED
ARTICLE 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.
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)
PERFORMANCE OF OBLIGATION
TENDER & CONSIGNATION
In cases involving the performance of an obligation, payment may be effected by both tender and consignation.
In cases involving an exercise of a right or privilege (e.g., option contract, legal redemption, or sale with right to repurchase), mere tender of payment would be sufficient to preserve the right or privilege.
(Torcuator)
1. LIABILITY FOR INTEREST
2. SUSPENSION OF PAYMENT
3. EFFECT OF FAILURE TO PAY PRICE
DISTURBED POSSESSION/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 until the vendor has caused the disturbance or danger to cease,...
UNLESS:
SECURITY
a.
BY VENDOR
STIPULATED
...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.
MERE TRESSPASS
DOES NOT AUTHORIZE SUSPEND PAYMENT
A mere act of trespass shall not authorize the suspension of the payment of the price. (1502a)
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.
LESSOR -> TRESPASSER
LESSOR NOT OBLIGED TO ANSWER FOR MERE TRESPASS BY 3RD PERSON
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;
LESSEE -> TRESPASSER
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)
VENDEE SHALL OWE INTEREST FOR:
PERIOD FROM DELIVERY TO PAYMENT IF:
ARTICLE 1589. The vendee shall owe interest for the period between the delivery of the thing and the payment of the price, in the following three cases:
STIPULATED
(1) Should it have been so stipulated;
FRUITS/INCOME PRODUCED BY THING
(2) Should the thing sold and delivered produce fruits or income;
DEFAULT
a.
FROM DEMAND TO PAYMENT
(3) Should he be in default, from the time of judicial or extrajudicial demand for the payment of the price. (1501a)
IF TIME & PLACE STIPULATED ->
BUYER BOUND TO:
ACCEPT DELIVERY
PAY THE PRICE
AT TIME & PLACE STIPULATED
ARTICLE 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.
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)