Article 1516 Article 1525

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Article 1516

Yung mga warranties ay binibigay ng taong nag negotiate or binibigay ng tao na


nag assign nung non negotiable and also warranties will cover the document the
right to transfer the document and also that the goods are merchantable.

negotiation is the act of bargaining with one or more parties to get to a mutually
beneficial arrangement. It uses the negotiation process to reach a solution that
satisfies the demands of all parties.

assignment is the transfer of rights from one party certain additional rights and
liabilities that go along with the assignment are determined by the legal nature of
the assignment and the contractual terms of the agreement between the parties.
The rights to obtain benefits generated under a contract are often fully
transferred to the assignee when such rights are assigned. Typically, the phrase
"assignment" only refers to the transfer of intangible rights, such as contractual
rights and rights pertaining to property.

Article 1517
Kapag inindorse yung document of title so yung endorsee will paid instrument
mean he will deliver the goods to the person who presents. And also if yung
person is primary liable meaning yung carrier or bailee fails to deliver yung good
so indorser will pay the instrument.

Article 1518
Each individual who possesses a negotiable document of title may associate with
it or hold it in their possession. Any person, including a finder, has the right to
bargain. The title of a finder will have a good document if the holder is unaware of
the defect. If yung pinag negotiate ko ay does not know of the defect of my title
meaning he is in good faith. Yung nakatanggap may have a greater title than
what I have so he will have good title if he paid value therefore kung binayaran
niya ako and he is in a good faith and he is not aware of the defect sa aking title.
Article 1519
General rule
Can’t attached like the goods of a creditor
Exception
When the bailee is presented with a negotiable document of title and the
presenter is one of the creditors, the bailee has no alternative but to transfer the
goods or object to that person.

Article 1520
The court is fully empowered to request a negotiable document from the creditor
covering these commodities under this provision. A title that is negotiable may be
surrendered to the court by way of an injunction. compel the debtor or bailee to
give the creditor the title document. It is difficult for the creditor to obtain that
paperwork if the debtor involves a third party.

Injunction is generally used by the court to restrain a party from taking a certain
action

An attachment is a court order seizing specific property. This is both as a pre trial
provisional remedy and to enforce a final judgment.

Article 1521
a. What is the agreement about the place
b. If there is no agreement, both parties' business is terminated.
Take into account the products' quality and the agreed-upon deadline between
the two parties. There is a time for performance as well as the consideration of
transportation in a fair amount of time. Unless delivery is accomplished on time or
earlier, the buyer cannot declare that time is of the essence of the contract
without providing the seller notice of his intention to cancel. There is a third-party
recognition.
The seller covers the costs to transport the items, and the contract stipulates
that the customer must accept delivery of the goods. This remains true even
though the buyer must accept delivery.

Article 1522

a. There is no integrity in the performance


b. He didn’t know the seller to going to be guilty of breach akala niya dadalhin
pa yung kulang tapos hindi na pala. Buyer must pay the value of the goods.
For example buyer bumili siya nang 100 bottles of disinfectants tapos sa
100 na bottles ay 60 lang ang dumating so that the buyer may reject yung
entire delivery because there is no integrity of prestation. Let us say na in
the meantime nung deliver na yung 60 bottles tinaggap ng buyer tapos
kung ang buyer tinaggap ang goods and kailangan niyang bayaran . if
babayaran niya ay fair value will depend. Kunwari yung buyer upon
receiving the bottles of disinfectants bigla niyang binenta sa market nung
binenta niya sa market dahil nga bago yung brand binenta an introductory
up price. Imbes na bineta niya yung goods niya ng may tubo subalit binenta
niya ito ng palugi.
He must pay the price but yung babayaran niya is the fair value of the goods
receive.

Rules
Accepting the product is what the two parties have agreed upon because it is
specified in the contract.
and reject any additional goods that are not covered by the contract.

Article 1523
The usual rule is that delivery of the products to the carrier constitutes delivery
to the buyer unless the seller is required or permitted to transport the goods
directly to the customer.
Except
When the opposite intent is apparent, indicating that the parties did not intend
for the items to be delivered to the buyer via the carrier
Unless otherwise specified by the buyer or in accordance with any conflicting
agreements. On behalf of the buyer, the seller enters into any contract with
the carrier that is reasonable given the circumstances. In the event that the
products are lost or damaged during transit, the buyer has the option to refuse
to accept the delivery to the carrier as a delivery to himself or to hold the seller
liable for damages.
If it is ordinary to guarantee the items under the conditions, the seller must
provide the buyer notice that will allow him to do so. If the buyer received all
the information required to obtain insurance, the seller who neglected to give
notification is not responsible for the loss of goods.

Article 1524
Both the buyer and the seller have obligations to fulfill. Unless the buyer pays,
the supplier is not obligated to deliver. The reason for this is that a sale is a
reciprocal contract with reciprocal duties. If no timing has been specified in the
contract and the vendee has not made payment, the vendor is similarly under
no obligation to make delivery.
Article 1525
paid the whole amount due, received and exchanged, or received a negotiable
instrument from another party as uncertain payment, and the condition under
which it was received was broken as a result of the instrument's dishonor.
The seller's lien is cancelled via a bidding. He is not an unpaid seller after the
price is tender in terms of his rights against the items.
B. Just delivering a negotiable instrument does not discharge the buyer's
financial responsibility because it could be dishonored. So long as a dishonor is
committed, the seller is still owed money.

A bill of exchange, a short-term negotiable instrument, is a signed, unconditional, written


order binding one party to pay a fixed sum of money to another party on demand or at a
predetermined date. A bill of exchange is sometimes called draft or draught, but draft usually
applies to domestic transactions only.
What are Negotiable Instruments? Negotiable instruments are a type of document that
guarantees the payment of a particular amount of money at a set time or on-demand and the
payer’s name is generally mentioned on the document and its most common types are
checks, promissory notes, bills of exchange, customer receipts, delivery orders.

The term dishonor refers to the action of refusing to fulfill contractual obligations or pay a
charge.

 insolvency refers to situations where a debtor cannot pay the debts they owe. For instance, a
troubled company may become insolvent when it is unable to repay its creditors money owed on
time, often leading to a bankruptcy filing.

One who agrees and is authorized to act on behalf of another, a principal, to legally bind an
individual in particular business transactions with third parties pursuant to an agency
relationship. agent. n. a person who is authorized to act for another (the agent's principal)
through employment, by contract or apparent authority

A bill of lading is a legal instrument used in the transportation and shipping industries which lists
the goods being shipped and the terms under which they will be delivered
An endorsement (indorsement) is an act of giving support, it can be either to someone or
something, for example endorsing any skills

Consignor means a person that delivers goods to a consignee in a consignment. consignor is a


person or a company that is responsible for initiating and organising a shipment. A consignor could
be a seller or an exporter (who ships goods from one country to the other)

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