Words: 10225 - Pages: 41. The thing must be licit and the vendor must have a right to transfer the ownership thereof at the time it is delivered. The rescission, in this case, shall only take place at the will of the vendee, when the inferior value of the thing sold exceeds one-tenth of the price agreed upon. All persons who are authorized in this Code to obligate themselves, may enter into a contract of sale, saving the modifications contained in the following articles. The creditor is not bound to accept payment or performance by a third person who has no interest in the fulfillment of the obligation, unless there is a stipulation to the contrary. Kyle and Kim have an oral contract for the lease of goods. .
Unless it is otherwise stipulated, the extrajudicial expenses required by the payment shall be for the account of the debtor. The ownership of the thing sold shall be transferred to the vendee upon the actual or constructive delivery thereof. Ratification may be effected by the guardian of the incapacitated person. The contractor is liable for all the claims of laborers and others employed by him, and of third persons for death or physical injuries during the construction. The expenses of consignation, when properly made, shall be charged against the creditor. If such intention does not clearly appear, it shall be considered a barter if the value of the thing given as a part of the consideration exceeds the amount of the money or its equivalent; otherwise, it is a sale. A credit or other incorporeal right shall be considered in litigation from the time the complaint concerning the same is answered.
Contracts entered into during a lucid interval are valid. When the sale is made through a public instrument, the execution thereof shall be equivalent to the delivery of the thing which is the object of the contract, if from the deed the contrary does not appear or cannot clearly be inferred. I think they have done an illegal thing. Waiver of minimum wage 6. An accepted unilateral promise to buy or to sell a determinate thing for a price certain is binding upon the promisor if the promise is supported by a consideration distinct from the price. The persons disqualified to buy referred to in Articles 1490 and 1491, are also disqualified to become lessees of the things mentioned therein.
If the thing sold should be lost in consequence of the hidden faults, and the vendor was aware of them, he shall bear the loss, and shall be obliged to return the price and refund the expenses of the contract, with damages. Impossible things or services cannot be the object of contracts. Subject: Prayer for accepting the report. Things subject to a resolutory condition may be the object of the contract of sale. Words: 444 - Pages: 2. An accepted unilateral promise to buy or to sell a determinate thing for a price certain is binding upon the promissor if the promise is supported by a consideration distinct from the price.
In order that mistake may invalidate consent, it should refer to the substance of the thing which is the object of the contract, or to those conditions which have principally moved one or both parties to enter into the contract. In any other case wherein said provisions are not applicable, the placing of the titles of ownership in the possession of the vendee or the use by the vendee of his rights, with the vendor's consent, shall be understood as a delivery. I took it to a technician. The injured party may choose between the fulfillment and the rescission of the obligation, with the payment of damages in either case. From that moment, the parties may reciprocally demand performance, subject to the provisions of the law governing the form of contracts. With respect to incorporeal property, the provisions of the first paragraph of article 1498 shall govern.
Where necessaries are those sold and delivered to a minor or other person without capacity to act, he must pay a reasonable price therefor. He gave me the car fax to the car, filled the fuel tank, and followed up after the sale to make sure the car was great. Even in these cases he shall only be liable for the price received and for the expenses specified in No. The vendor who recovers the thing sold shall receive it free from all charges or mortgages constituted by the vendee, but he shall respect the leases which the latter may have executed in good faith, and in accordance with the custom of the place where the land is situated. It also administers the federal laws and regulations that protect consumers.
Without prejudice to his obligation toward the sublessor, the sublessee is bound to the lessor for all acts which refer to the use and preservation of the thing leased in the manner stipulated between the lessor and the lessee. If such intention does not clearly appear, it shall be considered a barter if the value of the thing given as a part of the consideration exceeds the amount of the money or its equivalent; otherwise, it is a sale A contract for the delivery at a certain price of an article which the vendor in the ordinary course of his business manufactures or procures for the general market, whether the same is on hand at the time or not, is a contract of sale, but if the goods are to be manufactured speciall y for the customer and upon his special order, and not for the general market, it is a contract for a piece of work. A sale is an activity involved in the selling of products or services in return for money or other compensation. The purchaser in a sale with the right of redemption cannot make use of the power to eject the lessee until the end of the period for the redemption. The creditor may, before the fulfillment of the condition, bring the appropriate actions for the preservation of his right. In case both parties have committed a breach of the obligation, the liability of the first infractor shall be equitably tempered by the courts.
In the cases of Articles 1561, 1562, 1564, 1565 and 1566, the vendee may elect between withdrawing from the contract and demanding a proportionate reduction of the price, with damages in either case. If such intention does not clearly appear, it shall be considered a barter if the value of the thing given as a part of the consideration exceeds the amount of the money or its equivalent; otherwise, it is a sale. The form of sale of large cattle shall be governed by special laws. Household service shall always be reasonably compensated. By the contract of barter or exchange one of the parties binds himself to give one thing in consideration of the other's promise to give another thing.
On November 1, Gordon receives a delivery from Tammy's Tulips. When a person who is not the owner of a thing sells or alienates and delivers it, and later the seller or grantor acquires title thereto, such title passes by operation of law to the buyer or grantee. The assignment of a credit includes all the accessory rights, such as a guaranty, mortgage, pledge or preference. The part was ordered and replaced within days of our purchase. This is understood to be without prejudice to the rights of third persons who have acquired the thing, in accordance with Articles 1385 and 1388 and the Mortgage Law. The thing sold shall be understood as delivered, when it is placed in the control and possession of the vendee.