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1. General Obligation
A. To preserve the thing
a. Art 1163 Every person obliged to give something is also
obliged to take care of it with the proper diligence of a good
father, unless the law or the stipulation of the parties requires
another standard of care.
B. To deliver the thing sold(1537)
a. Form of delivery
i. Real property
It is sellers duty to deliver the thing sold in a condition
suitable for its enjoyment by the buyer for the purposes
contemplated.
Seller should not shift to the buyer the burden of
providing access to and from the lot; it is he sellers duty
to construct necessary roads in the lot that could serve as
outlets.
Proper access to the residence is essential to its
enjoyment.
Note: The vendee has the right to the fruit of the thing sold
from the time the obligation to deliver it arises. (Upon
PERFECTION of contract)
ii.
iii.
C.
a.
b.
Personal Property
Incorporeal Property
Transfer of ownership to the buyer
General rule delivery
When delivery does not transfer title
i. Delivery on approval, trial or satisfaction (1502)
ii. Express reservation of title
iii. Implied reservation of title
Goods deliverable to the order of shipper -MM
iv. When seller is not the owner (1505)M,
II.
III.
b. Place (1521)
Rule in case of delivery (1521)
Expenses for delivery
Articles 1536-1543
I.
II.
Completeness of delivery
a. Real Estate
i. Where it is sold per unit or number
ii. Where it is sold for a lump sum or a single price
iii. Prescription of action
b. Movables
i. If there is deficiency in quantity or quality
ii. If there is an excess
c. What delivery includes (1537, par 2)
Sales to two different persons (1544) DOUBLE SALE
a. Rules as to immovable
b. Rules as to movables
c. What good faith of buyer consists of
II.
To accept delivery
a. Rule if there was no previous examination (1584)
b. Effect of unjust refusal to accept (1588)
c. Duty of the buyer for justifiable refusal to accept
(1587)
Payment of price and interest
a. Time and place (1582)
b. Suspension of payment after delivery (1590)
i. Grounds
ii. When there is no right to suspend
c. Payment of interest on the price (1589): When
i. Before default
ii. After default
III.
Articles 1594-1599
I.
II.
III.
IV.
V.