CONTRA PARTIE OBLIGATIONS LIABILITES REMEDIES How

SALES 1. SEL 1. Of Seller: 1. DOUBLE SALE Rx: 10 years - written contract; 6 years - oral
LER TWPP - “he who is first in time is first in right”
2. BUY - at least 2 valid sales A. General Remedies
ER Transfer Ownership by DELIVERY 1. SPECIFIC PERFORMANCE
- at least 2 buyers with conflicting interests 2. RESCISSION
- actual delivery (actual control & possession of
vendee) - same subject matter - only for SUBSTANTIAL & FUNDAMENTAL
- constructive delivery: - same seller BREACH, not slight casual breach
3. DAMAGES
- public instrument, symbolic delivery, tradition long 1.1. Sale of MOVABLES
manu or agreement, tradition brevi manu or movable - neither party occurs in delay if the other fails to
- ownership to first person in possession in comply in a proper manner what is incumbent upon
possessed by buyer before sale, tradition constitutum good faith
possessorium him

1.2. Sale of IMMOVABLES B. Remedies to Seller

Warrant against Eviction & Hidden Defects - ownership to 1st to Register in Registry of extrajudicial:
Deeds in Good Faith b.1. POSSESSORY LIEN over the goods
- waivable: warranty vs. Eviction b.2. Right of STOPPAGE in TRANSITU - unpaid
- if none, 1st in Possession in Good Faith
- implied warranty of title and against encumberances seller remains in possession of goods while in transit
- if none, 1st to Present Oldest Title in GF
before they are in possession of buyer
- hidden defects: warranty on merchantable quality and b.3. Special Right to RESALE
fitness of goods, redhibitory defect in sale of animals, 2. RES PERIT DOMINO (the thing is lost to
the owner) - public or private sale
quality in fitness of goods in sale by sample b.4. Special Right to RESCIND
if total loss, contract is ineffective (no object)
- right to return goods and recover damages
Preserve with Diligence of a good father of a family
E!!
- pending delivery judicial:
- stipulation (see Gen. Remedies)
- seller is liable for loss or deterioration
- loss of generic thing
- loss before perfection, seller liable RECTO LAW: sale of movables by instalment,
Pay for Necessary Expenses for execution & - loss after perfection before delivery, seller vendee fails to pay at least 2 instalment payments
registration of deed of sale liable
- unless contrary stipulation 1. Specific Performance
3. DOCUMENTS OF TITLE 4. Cancellation - repossess property and barred from
- see negotiable instruments exacting the price
2. Of Buyer: 5. Foreclosure of Chattel Mortgage
AP
Accept the thing C. Remedies to Buyer
- if no stipulation, buyer to pay at time of delivery
- right of inspection
- refusal to accept: must notify the seller and he will be
a depositary of such goods
CONTRA PARTIE OBLIGATIONS LIABILITES REMEDIES How
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