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DOUBLE SALE
4. Sale of Movables
Article 1544. If the same thing should have been
sold to different vendees, the ownership shall be
transferred to the person who may have first
taken possession thereof in good faith, if it should
be movable property.
Should it be immovable property, the ownership
shall belong to the person acquiring it who in good
faith first recorded it in the Registry of Property.
Should there be no inscription, the ownership shall
pertain to the person who in good faith was first in
the possession; and, in the absence thereof, to
the person who presents the oldest title, provided
there is good faith. (1473)
Article 1497. The thing sold shall be understood
as delivered, when it is placed in the control and
possession of the vendee. (1462a)
be
tradition
or
D. RISK OF LOSS
1. General Rule
Article 1263. In an obligation to deliver a generic
thing, the loss or destruction of anything of the
same kind does not extinguish the obligation. (n)
2. Loss Before Perfection
3. Loss at the Time of Perfection
Article 1493. If at the time the contract of sale is
perfected, the thing which is the object of the
contract has been entirely lost, the contract shall
be without any effect.
But if the thing should have been lost in part only,
the vendee may choose between withdrawing
from the contract and demanding the remaining
part, paying its price in proportion to the total sum
agreed upon. (1460a)
Article 1494. Where the parties purport a sale of
specific goods, and the goods without the
knowledge of the seller have perished in part or
have wholly or in a material part so deteriorated
in quality as to be substantially changed in
character, the buyer may at his option treat the
sale:
(1) As avoided; or
(2) As valid in all of the existing goods or in so
much thereof as have not deteriorated, and as