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CHAPTER III

EFFECTS OF THE CONTRACT WHEN THE THING SOLD HAS BEEN LOST

Article 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) (Civil Code of the Philippines)

Article 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:

As avoided; or (2) As valid in all of the existing goods or insomuch 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. (Civil Code of the Philippines)
CHAPTER III

EFFECTS OF THE CONTRACT WHEN THE THING SOLD HAS


BEEN LOST

Article 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) (Civil Code of the Philippines)

Article 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:

As avoided; or (2) As valid in all of the existing goods or


insomuch 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. (Civil Code of the
Philippines)

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