Table of Contents

CHAPTER III – OF THE OBLIGATIONS OF THE SELLER

Art. 23. The seller is bound to explain himself clearly respecting the extent of his obligations, any obscure or ambiguous clause is construed against him.

Art. 24. The seller is bound to two principal obligations, that of delivery and warranting the thing which he sells.

Art. 25. The warranty respecting the seller has two objects; the first is the buyer’s peaceable possession of the thing sold, and the second is the hidden defects of the thing sold, or the redhibitory vices.

 

SECTION I – OF THE TRADITION OR DELIVERY OF THE THING SOLD

Art. 26. The tradition or delivery is the transferring of the thing sold, into the power and possession of the buyer.

Art. 27. The tradition or delivery of moveable effects takes place either by their real tradition; or by the delivery of the keys of the buildings in which they are kept or even by the bare consent of the parties, if the things cannot be transported at the time of sale; or if the purchaser had them already in his possession under another title.

Art. 28. The tradition or delivery of slaves, takes place either by real delivery made to the buyer or by the mere consent of the parties, when the sale mentions that the thing has been sold and delivered to the buyer, or when the said buyer was already in possession under another title.

Art. 29. Tradition or delivery of immoveables is made by the seller, when he leaves to the purchaser the free possession of the same, by dispossessing himself, either by delivery of the titles, if any, or of the keys, if it is a place shut up such as a house, a park, a garden and the like; or by putting the buyer on the premises; or only, by letting him have a view of the same, or by consenting that he become a possessor; or by an acknowledgment on the part of the seller, that if he still retains possession it is only in a precarious way, that is to say as a person who possesses the property of another person on condition of giving up said property at the request of the owner.
If the seller makes a reserve of the usufruct, this reserve shall be also considered as a tradition.

Art. 30. If the precarious clause has been omitted in a contract of sale, of an immoveable, it is tacitly understood as to the effect of giving the buyer a right to take possession of the thing, if it is not already possessed by others, for the sale transfering the property of the thing, it implies the consent of the seller, that the buyer should take possession of it.

Art. 31. The tradition of the incorporeal rights is to be made either by the delivery of the titles, or by the use made by the purchaser with the consent of the seller.

Art. 32. The costs of delivery are chargeable to the seller, and those of removing are to be supported by the buyer, if there has been no stipulation made to the contrary.

Art. 33. The delivery must be made on the place where the thing which is the object of the sale was at the time of said sale, if not otherwise agreed upon.

Art. 34. If the seller fails to make the delivery at the time agreed on between the parties, the buyer will be at liberty to demand either a cancelling of the sale or his being put in possession, if the delay is occasioned only by the deed of the seller.

Art. 35. In all cases the seller is liable to damages, if there result any detriment to the buyer, occasioned by the nondelivery at the time agreed on.

Art. 36. The seller is not bound to make a delivery of the thing if the buyer does not pay the price, and the seller has not granted him any term for the payment.

Art. 37. Neither shall he be obliged to the delivery, even if he has granted a term for the payment, if since the sale the buyer is become a bankrupt or is in a state of insolvency, so that the seller would be in imminent danger of losing the price of the same, unless the buyer should give him security to pay at the time agreed on.

Art. 38. The thing must be delivered in the same state as it was in at the time of the sale; from that day all the profits belong to the purchaser.

Art. 39. The obligation of delivering the thing includes the accessories and dependencies without which it would be of no value or service, and likewise every thing that has been designed to its perpetual use.

Art. 40. The seller is bound to deliver the full extent of the premises as specified in the contract, under the modifications hereafter expressed.

Art. 41. If the sale of an immoveable has been made with indication of the extent of the premises at the rate of so much per measure, the seller is obliged to deliver to the buyer, if he requires it, the quantity mentioned in the contract, and if he cannot conveniently do it, or if the buyer does not require it, the seller is obliged to suffer a diminution proportionate to the price.

Art. 42. If, on the other hand, there exist an extent of more than what is specified in the contract, the buyer has a right either to give the supplement of the price, or to recede from the contract, should the overplus be upwards of a twentieth part of the extent which is declared.

Art. 43. In all other cases, whether the sale be of a certain and limited body, or of distinct and separate objects, whether it first set forth the measure or the designation of the object followed by its measure, the expression of the measure gives no room to any supplement of price in favour of the seller, for the overplus of the measure; neither can the purchaser thence claim a diminution of the price on a deficiency of the measure, unless the real measure exceeds, or comes short of that expressed in the contract, by one twentieth part, regard being had to the totality of the objects sold; provided there be no stipulation to the contrary.

Art. 44. In the case where according to the preceding article, there is room for an augmentation of price for the surplus of the measure, the buyer has the option to give the supplement or to recede from the contract.

Art. 45. In all cases where the buyer has a right to recede from the contract, the seller is bound to make him restitution not only of the price, if already received, but also of the expences occasioned by the said contract.

Art. 46. The action for supplement of the price on the part of the seller, and that for diminution of the price, or for the cancelling of the contract on the part of the buyer, must be brought within one year from the day of the contract, otherwise it is barred.

Art. 47. If two pieces of ground have been sold by one and the same contract with the expression of the measure for each, and there be found a less quantity in one, and a larger one in the other, the deficiency of the one is supplied by the overplus of the other as far as it goes, and the action either in supplement or in abatement of the price, takes place only according to the rules above established.

Art. 48. When a question arises whether the seller or the buyer ought to support the loss or deterioration of the thing sold but not delivered it shall be decided according to the rules laid down under the title of contracts or conventional obligations in general.




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