Article 1584 talks about the rules regarding the right of the buyer to examine the goods before

accepting them.

One of the buyer’s obligations is to accept the goods.

Acceptance is the buyer’s consent to become the owner of specific goods when delivery is
offered by the seller.

Acceptance and delivery are different since acceptance is an obligation by the buyer while
delivery is an obligation by the seller.

*Seller must comply with his obligation to deliver even if there is no acceptance yet.

Acceptance is also different from actual receipt since there may be received without
acceptance as when acceptance precedes delivery. Acceptance implies approval of the contract
while actual receipt is physical act of receiving the goods.

Acceptance may be expressed (oral or written) and implied if the buyer performs acts of
ownership or if the buyer fails to return the goods within a reasonable time.

The general rule of this article states that the buyer has the right to examine the goods before
accepting them to determine if the goods are in conformity with the contract.

In the case of ACTUAL DELIVERY, the right to examine the goods is a condition precedent to
the transfer of ownership.

IOW, Upon delivery of the goods, the buyer is allowed to examine the goods to check
if the goods delivered are in accordance with the contract. So, if the buyer finds out that
the goods are in accordance with the kind, quality, condition or amount agreed upon in
the contract, therefore, transfer of ownership takes place.

Next, in case goods are delivered COD or not COD

- According to Article 1523, par 1., the delivery of the goods by the seller to a carrier is
deemed to be delivery to the buyer. So, in this case, the ownership of the goods is
already transferred to buyer. However, the buyer may still examine the goods since
the right to examine the goods in such case is a condition precedent to paying the
price after ownership has been transferred. Unlike, in actual delivery, examining of
the goods is a condition precedent to the transfer of ownership.
- The only exception is when the goods is marked as COD or “collect on delivery,”
this means that there is a stipulation that the goods shall not be delivered to the
buyer until he has paid the price. So, the buyer cannot examine the goods unless he
has paid the price.
o However, there is an exception to the exception wherein goods marked as
COD can be examined before payment when there is an agreement or usage
of trade (nakasanayan) which permits the examining of the goods before
paying the price.
This right to examine the goods is not an absolute right

Since only upon request is the seller required to provide the buyer with a reasonable
opportunity to inspect the goods. Also, the opportunity of the buyer to examine should be made
use of within a reasonable time so that the seller may not suffer undue delay or prejudice.

In case the seller refuses to let the buyer examine the goods, the remedy of the buyer
may be recession and recovery the price or the part he has paid.

The right to examine before payment may be waived

The right to examine the goods may be waived by the buyer through stipulation since the
inspection is by request, therefore, if the buyer did not request, there is already a waiver of the
right. Waiver can be impliedly or expressly.

This article also talks about the rules in case of rejection of goods.

The buyer may reject the goods if he found out that the goods are not in accordance with
the contract. The rules in terms of rejection follows:

1. It is sufficient if the buyer notifies the seller that he will not accept the goods and the
buyer is not required to return the goods to the seller. In this case, the supposedly buyer
becomes a bailee thus he must take care of the goods. However, he will not be liable if
the goods are loss unless he voluntarily constitutes himself as a depository.
2. The buyer must notify the seller about rejection of goods within a reasonable time,
unless a specific period stipulated in the contract.
3. If the right of rejection is not exercised within a reasonable time after receiving goods
under a contract of sale, the items are considered accepted.