Sales Assignment

WHO SHOULD BEAR THE LOSS OF THE THING SUBJECT OF THE SALE
AFTER THE PERFECTION THEREOF BUT BEFORE DELIVERY?
ARTS. 1480, 1493, 1494, 1502, 1504, AND 1538
ART. 1480. Any injury to or benefit from the thing sold, after the contract has been
perfected, from the moment of the perfection of the contract to the time of delivery,
shall be governed by articles 1163 to 1165, and 1262.
This rule shall apply to the sale of fungible things, made independently and for a
single price, or without consideration of their weight, number, or measure.
Should fungible things be sold for a price fixed according to weight, number, or
measure, the risk shall not be imputed to the vendee until they have been weighed,
counted, or measured, and delivered, unless the latter has incurred in delay. (1452a)
NOTES:
(3) If the thing is lost after perfection but before its delivery, that is, even before
the ownership is transferred to the buyer, the risk of loss is shifted to the buyer as an
exception to the rule of res perit domino (Arts. 1480, pars. 1 and 2, 1538, 1189, and
1269.); and
ART. 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)
NOTES:
Article 1493 applies to a sale of specific thing.
The loss or injury referred to in this article is one which has taken place before or at
the time the contract of sale is perfected. It must be distinguished from the loss or
injury mentioned in Articles 1480 and 1504 which occurs after the contract is
perfected but prior to the time of delivery.
ART. 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 binding the buyer to pay the agreed price for the goods in
which the ownership will pass, if the sale was divisible. (n)
NOTES:
Article 1494, on the other hand, applies to sales of goods, that is, the object of
the sale consists of a mass of “specific goods” which means “goods identified
and agreed upon at the time a contract of sale is made.”
ART. 1502. When goods are delivered to the buyer “on sale or return” to give the
buyer an option to return the goods instead of paying the price, the ownership
passes to the buyer on delivery, but he may revest the ownership in the seller by
returning or tendering the goods within the time fixed in the contract, or, if no time
has been fixed, within a reasonable time. (n)
When goods are delivered to the buyer on approval or on trial or on satisfaction, or

other similar terms, the ownership therein passes to the buyer.
(1) When he signifies his approval or acceptance to the seller or does any other act
adopting the transaction;
(2) If he does not signify his approval or acceptance to the seller, but retains the
goods without giving notice of rejection, then if a time has been fixed for the return of
the goods, on the expiration of such time, and, if no time has been fixed, on the
expiration of a reasonable time. What is a reasonable time is a question of fact. (n)
ART. 1504. Unless otherwise agreed, the goods remain at the seller’s risk until the
ownership therein is transferred to the buyer, but when the ownership therein is
transferred to the buyer, the goods are at the buyer’s risk whether actual delivery has
been made or not, except that:
(1) Where delivery of the goods has been made to the buyer or to a bailee for
the buyer, in pursuance of the contract and the ownership in the goods has
been retained by the seller merely to secure performance by the buyer of his
obligations under the contract, the goods are at the buyer’s risk from the time
of such delivery;
(2) Where actual delivery has been delayed through the fault of either the
buyer or seller the goods are at the risk of the party in fault. (n)
ART. 1538. In case of loss, deterioration or improvement of the thing before its
delivery, the rules in article 1189 shall be observed, the vendor being considered the
debtor. (n)

Sales Assignment

Uploaded by

Copyright:

Available Formats

Sales Assignment

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Sales Assignment

Uploaded by

Copyright:

Available Formats

WHO SHOULD BEAR THE LOSS OF THE THING SUBJECT OF THE SALE

AFTER THE PERFECTION THEREOF BUT BEFORE DELIVERY?

ARTS. 1480, 1493, 1494, 1502, 1504, AND 1538

Article 1493 applies to a sale of specific thing.

When goods are delivered to the buyer on approval or on trial or on satisfaction, or

You might also like