law04
Margie B. Velez Law04
Obligations of the Vendee
1. Pay the price
Vendee is not bound to pay the price of thing before delivery (Art.1582)
To pay for the price of the thing at time and place stipulated in the contract. If vendee failed to pay the price after delivery and the ownership had been transferred to him, does not cause to revert ownership until and unless the bilateral contract of sale is first rescinded.(Art. 1582) to pay interest for the period (Art. 1589)
a.) It has been stipulated
b.) Thing produces fruits or income
c.) In case the buyer is in default
Suspension of payment (Art.1590)
a.) Disturbance in the possession or ownership of thing bought
b.) Fear that his possession or ownership disturbed by vindicatory action or foreclosure of mortgage
Mere act of trespass by the third person will not suspend the payment
2. Accept delivery of thing bought At time and place stipulated in the contract. If the time and place is not stipulated the payment must be made at the time and place of the delivery. (Art. 1582)
In case of goods, the vendee is deemed to have accepted the goods when; (Art. 1585)
a.) Communicates with the seller expressly manifesting his acceptance
b.) Performs an acts inconsistent with the ownership of the seller
c.) After lapse of reasonable time, he retains the goods without complaining or intimating that he has rejected them
A.) Opportunity to inspect goods (Art. 1584)
Buyer is not deemed to accept goods when not previously examined unless and until he has reasonable opportunity of examining them.
B.) Goods sold deliverable by installments (Art. 1583) is not bound to accept the delivery by installments unless agreed
In case of breach of contract
If breach is material - rescission
C.) Effect of acceptance of goods on seller’s warranty (Art. 1586) if no agreement to the contrary, the mere acceptance of the goods does not discharge the seller from the liability for the breach of any
Obligations of the Vendee
1. Pay the price
Vendee is not bound to pay the price of thing before delivery (Art.1582)
To pay for the price of the thing at time and place stipulated in the contract. If vendee failed to pay the price after delivery and the ownership had been transferred to him, does not cause to revert ownership until and unless the bilateral contract of sale is first rescinded.(Art. 1582) to pay interest for the period (Art. 1589)
a.) It has been stipulated
b.) Thing produces fruits or income
c.) In case the buyer is in default
Suspension of payment (Art.1590)
a.) Disturbance in the possession or ownership of thing bought
b.) Fear that his possession or ownership disturbed by vindicatory action or foreclosure of mortgage
Mere act of trespass by the third person will not suspend the payment
2. Accept delivery of thing bought At time and place stipulated in the contract. If the time and place is not stipulated the payment must be made at the time and place of the delivery. (Art. 1582)
In case of goods, the vendee is deemed to have accepted the goods when; (Art. 1585)
a.) Communicates with the seller expressly manifesting his acceptance
b.) Performs an acts inconsistent with the ownership of the seller
c.) After lapse of reasonable time, he retains the goods without complaining or intimating that he has rejected them
A.) Opportunity to inspect goods (Art. 1584)
Buyer is not deemed to accept goods when not previously examined unless and until he has reasonable opportunity of examining them.
B.) Goods sold deliverable by installments (Art. 1583) is not bound to accept the delivery by installments unless agreed
In case of breach of contract
If breach is material - rescission
C.) Effect of acceptance of goods on seller’s warranty (Art. 1586) if no agreement to the contrary, the mere acceptance of the goods does not discharge the seller from the liability for the breach of any