Obligations of the Seller

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To deliver and transfer ownership of object and warrant it – The seller is obligated to transfer the ownership of and deliver the object of the sale, as well as answer for its warranty.[1]

Same; Ownership transfers upon delivery – The buyer acquires ownership of the thing sold from the moment it is delivered to him: (a) through the various modes of delivery, or (b) in any other manner signifying an agreement that the possession is transferred from the vendor to the vendee.[2] Not mere agreements but tradition or delivery transfers the ownership of things (Non nudis pactis sed traditione dominia rerum transferentur).[3]

A.W. Bean v. The B.W. Cadwallader Company
G.R. No. L-4175, 26 March 1908

The parties entered into a contract whereby Bean would supply timber in consideration for sum to Cadwaller. Unfortunately, the timber wasn’t picked up in the shores of Basilan per contract. Cadwaller claims that no delivery was made.

HELD: A.W. Bean made delivery. Actual/manual delivery of an article sold is not essential to the passing of the title thereto unless made so by the terms of the contract or by an understanding of the parties. “A mere contract for the sale of goods, where nothing remains to be done by the seller before making delivery, transfers the right of the property, although the price has not been paid, nor the thing sold actually delivered to the purchaser.”

Actual manual delivery of an article sold is not essential to the passing of the title thereto… unless made so by the terms of the contract or by an understanding of the parties. The parties to the contract may agree when and on what conditions the property in the subject of the contract was passed to the prospective owner… In the present case the parties agreed that the delivery of the logs should be made alongside a vessel of the defendant. That was done by the plaintiff. The vessel of the defendant was sent to the point of delivery and the said defendant attempted to load on said vessel the logs delivered along its side by the plaintiff. It is a rule well established that a mere contract for the sale of goods, where nothing remains to be done by the seller before making delivery, transfers the right of property, although the price has not been paid, nor the thing sold actually delivered to the purchaser…”

Ocejo, Perez, & Co. v. The International Banking Corporation
G.R. No. L-10658, 14 February 1918

As security for a loan, Chua Teng Chong pledged his stocks of sugar in a warehouse A in favor of International Bank. Meanwhile, Chong bought sugar from Ocejo, Perez, & Co. and the same was delivered to warehouse B. Chua did not pay the company. When International Bank learned that the sugar mortgaged were insufficient, Chua informed them that the rest was in warehouse B. Hence, the bank secured both warehouses. Subsequently, Chua was declared insolvent and an assignee was appointed. Meanwhile, Chong died. The company wants to recover the sugar from the bank on the ground that the same was not yet paid. Intervening in the case, the assignee claimed that the said sugar properly belonged to the estate of Chong.

HELD: The assignee was entitled to the proceeds of the sugar in warehouse B as delivery had already been made; hence, the sugar became the property of the estate of Chua. “Tradition is a true mode of acquiring ownership which effects the passage of tile and the birth of the right in rem… Ownership of things is not transferred by contract merely but by delivery. Contracts only constitute title or rights to the transfer or acquisition of ownership, while delivery or tradition is the method of accomplishing the same.”

Delivery of the Things Sold

What constitutes delivery; Control and possession by buyer – There is delivery of the thing sold “when it is placed in the control and possession of the vendee.”[4] If there is no applicable rule as stated hereunder, 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, is understood as a delivery.”[5] Thus, delivery may be actual or constructive.[6]

Vda. De Sarmiento v. Lesaca
G.R. No. L-15385, 30 June 1960

Alejandra Bugarin Vda. De Sarmiento bought a parcel of land from Josefa R. Lesaca. When Sarmiento failed to take possession after being barred by a certain Martin Deloso who claimed to be the owner, Sarmiento filed this case for rescission of the sales contract with Lesaca.

HELD: There was no delivery; hence, rescission was proper. Rescission was proper since a contract of sale is a reciprocal obligation. “Undoubtedly in a contract of purchase and sale the obligation of the parties is reciprocal, and, as provided by the law, in case one of the parties fails to comply with what is incumbent upon him to do, the person prejudiced may either exact the fulfillment of the obligation or rescind the sale.”

The vendor did not comply with the express requirement of the law. “As provided in Article 1462, the thing sold shall be deemed delivered when the vendee is placed in the control and possession thereof, which situation does not here obtain because from the execution of the sale up to the present the vendee was never able to take possession of the lands due to the insistent refusal of Martin Deloso to surrender them claiming ownership thereof. And although it is postulated in the same article that the execution of a public document is equivalent to delivery, this legal fiction only holds true when there is no impediment that may prevent the passing of the property from the hands of the vendor into those of the vendee.”

Same; Execution of public document – The execution of a public document is equivalent to the delivery of the thing which is the object of the contract if the sale is made through the execution thereof.[7] This rule is applicable only if from the deed the contrary does not appear or cannot clearly be inferred.[8] The delivery of incorporeal property follows this method.[9]

Same; Movable property – As for movable property, delivery thereof may be made through the delivery of the keys of the place or depository where it is stored or kept.[10] Delivery may also be made by the mere consent or agreement of the contracting parties, if the thing sold cannot be transferred to the possession of the vendee at the time of the sale, or if the latter already had it in his possession for any other reason.[11] Delivery through tradition constitutum possessorium is also allowed.[12]

Same; On sale or return – If the things sold are delivered to the buyer on sale or return for the purpose of giving the buyer an option to return the goods instead of paying or the price, the ownership transfers to the buyer upon delivery.[13]

Same; Same; Revesting ownership with seller – In the sale mentioned above, the buyer may revest the ownership in the seller if the former returns or tenders the goods within the time fixed in the contract, or, if no contract has been fixed, within a reasonable time.[14]

Best Legal Practices

  • Stipulate on ownership – Considering that the owner bears the loss of a thing, the parties should agree on the terms and conditions involving ownership of the item being sold.

Same; On approval, trial, satisfaction – If the goods are delivered to the buyer on approval, trial, satisfaction, or other similar terms, the ownership thereof transfers to the buyer:[15]

  • When he signifies his approval or acceptance to the seller or does any other act adopting the transaction;[16] or
  • If he does not signify his approval or acceptance to the seller, but retains the goods without giving notice of rejection, then if a time has been fixed for the return of the goods, on the expiration of such time, and, if no time has been fixed, on the expiration of a reasonable time.[17]

Ownership in sale of specific goods – In sale of specific goods, the seller may reserve the right of possession or ownership in the goods through the contract until certain conditions have been fulfilled even if the goods have been delivered to the buyer, carrier, or other bailee.[18]

Shipment of goods where buyer reserves ownership – For goods that are shipped and the bill of lading provides that they are deliverable to the seller (his agent, order of the seller or of his agent), the seller reserves the ownership in the goods.[19]

Same; When for security only – If the ownership would have passed to the buyer on shipment of the goods if not for the form of the bill of lading, the seller’s property in the goods is deemed to be only for the purpose of securing performance by the buyer of his obligations under the contract.[20] On the other hand, in case the bill of lading provides that the goods are deliverable to order of the buyer or his agent but the seller or his agent retains possession of the bill, the seller thereby reserves a right to the possession of the goods as against the buyer.[21]

Same; Buyer to return bill of lading – The buyer is required to return the bill of lading if he does not honor the bill of exchange after the seller draws on the buyer for the price and transmits the bill of exchange and bill of lading together to the buyer to secure acceptance or payment of the bill of exchange.[22] If the buyer wrongfully retains the bill of lading, he will not acquire any added right.[23]

Same; Buyer in good faith and for value –If, however, the bill of lading provides that the goods are deliverable to the buyer or to the order of the buyer, or is indorsed in blank, or to the buyer by the consignee named therein, one who purchases in good faith, for value, the bill of lading, or goods from the buyer will obtain the ownership in the goods, although the bill of exchange has not been honored, so long as such purchaser has received delivery of the bill of lading indorsed by the consignee named therein, or of the goods, without notice of the facts making the transfer wrongful.[24]

Risk of loss is with seller by default – Except if otherwise stipulated, the seller bears the risk of what might happen to the goods until the ownership therein is transferred to the buyer.[25] This is the doctrine of res perit domino (the owner bears the loss).[26] However, when the ownership of the goods has been transferred to the buyer, the latter bears the risk regardless of whether actual delivery has been made or not, except for the following situations:[27]

  • Where delivery of the goods has been made to the buyer or to a bailee for the buyer, in pursuance of the contract and the ownership in the goods has been retained by the seller merely to secure performance by the buyer of his obligations under the contract, the goods are at the buyer’s risk from the time of such delivery; [28] or
  • Where actual delivery has been delayed through the fault of either the buyer or seller the goods are at the risk of the party in fault.[29]

Sun Brothers Appliance, Inc. v. Perez
G.R. No. L-17527, 30 April 1963

Sun Brothers Appliance executed a conditional sale of an Admiral air-conditioning unit and later installed in the office of Damaso Perez. In their contract, it stipulated that ownership transfers to the buyer only after full payment; that the buyer is liable “for any cause” which might damage the item; that ownership remains with Sun Bros. The aircon was burned due to a fire that razed the building.

HELD: Perez was liable. The aircon was delivered to Perez. Pursuant to their contract, Perez bears the burden of loss “for any cause” as stated in their contract. The agreement making the buyer responsible for any loss whatsoever, fortuitous  or otherwise, even if the title remains with the seller, is neither contrary to law, nor to morals or public policy.”

Lawyer’s Cooperative Publishing Company v. Tabora
G.R. No. L-21263, 30 April 1965

The Lawyers Cooperative Publishing Company executed a conditional sale of American jurisprudence, etc., in favor of Perfecto Tabora. In their contract, it was stipulated that ownership is with the seller until fully paid and that the risk was with buyer. The books were burned in a fire.

HELD: Tabora was liable. While as a rule the loss of the object of the contract of sale is borne by the owner or in case of force majeure, the one under obligation to deliver the object is exempt from liability.” Such rule cannot be applied in this case since the law on the contract entered into on the matter argues against it. It finds support in Art. 1504 (1), wherein it states that the risk is to the buyer if ownership is withheld by seller only to receive payment.”

Best Legal Practices

  • Withhold transfer of ownership when necessary – To secure the interest over the thing sold, the seller should expressly withhold his rights to the property until full and complete payment is made.

Conditions and Warranties

Sales contract with suspensive condition – If the sales contract is under a suspensive condition which is not met, the innocent party may refuse to proceed with the contract or he may waive performance of the condition.[30]

Same; Breach of warranty – In addition to the above rule, the innocent party may also consider the non-performance of the condition as a breach of warranty if the other party has promised that the condition should happen or be performed.[31]

Same; Condition precedent to ownership – Prior to performing his promise to accept and pay for the thing, the buyer may treat the fulfillment by the seller of his obligation to deliver the same as described and as warranted expressly or by implication in the sales contract as a condition precedent so long as the ownership has not passed.[32]

What constitutes an express warranty – A seller’s express warranty is any affirmation of fact or any promise by the seller relating to the thing “if the natural tendency of such affirmation or promise is to induce the buyer to purchase the same, and if the buyer purchases the thing relying thereon.”[33]

Best Legal Practices

Clearly stipulate on express warranty – A seller’s express warranty is discretionary. Such warranty is sometimes given in order to boost sales. If such warranty is made, the terms and conditions thereof should be clearly stipulated. Limit seller’s express warranty – In order avoid liablility for incidents not contemplated by the seller’s express warranty, the same should be limited by stating the parameters and/or listing down the coverage.

Seller’s opinion – A seller’s affirmation of the value of the thing or any statement purporting to be a statement of the seller’s opinion is not a warranty, except if the seller has made such affirmation or statement as an expert and it was relied upon by the buyer.[34]

Songco v. Sellner
G.R. No. L-11513, 04 December 1917

Songco sold his sugar cane to Sellner. Songco exaggerated the amount of mill that may be derived from the canes. Hence, Sellner refused to pay the 3rd promissory note upon learning of the disparity.

HELD: The sale was valid. Although Songco did claim a higher yield, such was an opinion. In fact, Sellner wasn’t induced by such since he had a different motive – i.e., to get an easement to pass on the property of Songco. “Misrepresentation, as a matter of opinion, is not actionable.”

It is not every false representation relating to the subject matter of a contract which will render it void. It must be as to matters of fact substantially affecting the buyer’s interest, not as to matters of opinion, judgment, probability, or expectation… When the purchaser undertakes to make an investigation of his own, and the seller does nothing to prevent this investigation from being as full as he chooses to make it, the purchaser cannot afterwards allege that the seller made misrepresentations…”

Gochangco v. Dean
G.R. No. L-23109, 20 March 1925

Santiago Gochangco and R.L. Dean executed a contract of exchange involving their lands. Dean incorrectly gave the number of coconut plants in his property when he informed Gochiangco that his land had around 6,000 coconut trees. Gochiangco initiated a Complaint seeking to nullify the sale on the ground that that Dean made false and fraudulent misrepresentations.

HELD: The sale was valid. Dean merely expressed his belief. There was no deliberate intent on his part to deceive Gochangco.

“The plaintiffs allege that defendant made them false and fraudulent representations as to the existence of 6,000 coconut trees on his lands in Masbate offered for exchange. This was not proven. It does not appear in the record that the defendant deliberately violated the truth in stating his belief that there were such a number of coconut trees on said lands. Furthermore, it was shown that the plaintiff viewed the lands and himself estimated that there were there more than six thousand coconut trees.”

Best Legal Practices

  • Refrain from relying on the seller’s opinion – A seller’s opinion is not a warranty. Thus, it is best not to rely on such opinion unless he does so as an expert.
  • Same; Tolerated fraud – In some cases, the seller may sweet talk a buyer into buying a product. For instance, a car salesman may convince a buyer to purchase a sports car in order for the latter to gain social status. This manner of persuasion is referred to and allowed by law as tolerated fraud. Such kind of fraud is not actionable.

What constitutes an implied warranty – Except when the contrary intention appears, there is implied warranty:

  • On the part of the seller that he has a right to sell the thing at the time when the ownership is to pass, and that the buyer is from that time to have and enjoy the legal and peaceful possession of the thing;[35] or
  • That the thing is to be free from any hidden faults or defects, or any charge or encumbrance not declared or known to the buyer.[36]

Warranty in case of eviction

Where no agreement on eviction – The seller is liable for the eviction of the buyer even if there is no stipulation on the matter in their contract.[37] Notwithstanding, the seller and the buyer may increase, diminish, or suppress this legal obligation of the vendor.[38]

Same; Sale of property for non-payment of taxes with buyer evicted – The seller is liable for eviction if the property is sold for nonpayment of taxes due and it is not made known to the buyer before the sale.[39]

Same; Eviction in judicial sales – The seller (as judgment debtor) is liable for eviction in judicial sales, except if otherwise decreed in the judgment.[40]

When adverse possession began before sale – The seller is not liable for eviction if the adverse possession began before the sale but the prescriptive period is completed after the transfer, the vendor is not be liable for eviction.[41]

Void stipulation exempting seller if he acted in bad faith – Any stipulation that would exempt the seller from the liability for eviction is void if he acted in bad faith.[42]

If buyer renounces right to warranty – If the buyer renounced the right to warranty in case of eviction and the same took place, the seller will only pay for the value which the thing sold had at the time of the eviction.[43] In case the buyer made the waiver with knowledge of the risks of eviction and assumed its consequences, then the seller is not liable.[44]

Buyer’s rights in case of eviction – In case the parties have not agreed upon or nothing has been stipulated in case of eviction, the buyer has the right to demand from the seller the following:[45]

  • The return of the value which the thing sold had at the time of the eviction, be it greater or less than the price of the sale;[46]
  • The income or fruits, if he has been ordered to deliver them to the party who won the suit against him;[47]
  • The costs of the suit which caused the eviction, and, in a proper case, those of the suit brought against the vendor for the warranty;[48]
  • The expenses of the contract, if the vendee has paid them;[49] and
  • The damages and interests, and ornamental expenses, if the sale was made in bad faith.[50]

When buyer may ask for rescission – The buyer may ask for rescission if by eviction he loses a part of thing sold of such importance, in relation to the whole, that he would not have bought it without said part, he may demand the rescission of the contract, with the obligation to return the thing without other encumbrances that those which it had when he acquired it.[51]

Sale of immovable encumbered with unspecified non-apparent burden or servitude – In case of a sale of immovable and it is encumbered with any non-apparent burden or servitude, not mentioned in the agreement, of such a nature that it must be presumed that the vendee would not have acquired it had he been aware thereof, he may ask for the rescission of the contract, unless he should prefer the appropriate indemnity.[52] The latter mentioned rights cannot be exercised if the non-apparent burden or servitude is recorded in the Registry of Deeds, unless there is an express warranty that the thing is free from all burdens and encumbrances.”[53] Within one year to be computed from the execution of the deed, the buyer may seek rescission or sue for damages.[54]

Warranty against hidden defects or encumbrance

Hidden defects – The seller is responsible for warranty against the hidden defectswhich the thing sold may have, if they render it unfit for the use for which it is intended, or if they diminish its fitness for such use to such an extent that, had the vendee been aware thereof, he would not have acquired it or would have given a lower price for it.[55] The said vendor is not answerable for patent defects or those which may be visible, or for those which are not visible if the vendee is an expert who, by reason of his trade or profession, should have known them.[56]

Implied warranty – There is an implied warranty or condition as to the quality or fineness in the sale of goods:[57]

  • If the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are acquired, and it appears that the buyer relies on the seller’s skill or judgment (whether he be the grower or manufacturer or not), there is an implied warranty that the goods is to be reasonably fit for such purpose;[58] or
  • Where the goods are brought by description from a seller who deals in goods of that description (whether he be the grower or manufacturer or not), there is an implied warranty that the goods are of merchantable quality.[59]

Sale under patent or other trade name – There is no warranty as to the fitness for any particular purpose in the sale of a specified article under its patent or other trade name, except as otherwise stipulated.[60] However, the implied warranty or condition as to the quality or fineness for a particular purpose may be annexed by the usage of trade.[61]

Sale by sample of seller who is dealer in goods of that kind – If a seller is a dealer in goods sold by sample, there is an implied warranty that the goods are free from any defect rendering them unmerchantable which would not be apparent on reasonable examination of the sample.[62]

Hidden faults or defects in thing sold where seller is aware – The seller is liable to the buyer for any hidden faults or defects in the thing sold even though he was not aware thereof.[63] The latter rule is not applicable if there is a contrary stipulation and the seller was not aware of the hidden faults or defects in the thing sold.[64]

Same; Where is seller is unaware – If the seller was aware of the hidden faults of a thing and the same was lost as a consequence of the said defects, he will bear the loss and he will be obliged to return the price and refund the expenses of the contract, with damages.[65] On the other hand, the seller who is unaware of the hidden faults will only be required to return the price and interest thereon, and reimburse the expenses of the contract which the vendee might have paid.[66]

When buyer may demand reimbursement for purchase price – The buyer may demand from the seller the purchase price less the value of the thing with hidden fault at the time of the sale and the same was subsequently lost by a fortuitous even or through the fault of the seller.[67] If the seller is in bad faith, he may also be required to pay damages to the buyer.[68]

Sale of animals, rule on redhibition – In a sale of two or more animals together regardless of whether it was for a lump sum or for a separate price for each one, the redhibitory defect of one only gives rise to its redhibition, and not that of the others; unless it should appear that the vendee would not have purchased the sound animal or animals without the defective one.[69] The rule on redhibition is also applicable to the sale of other things.[70]

Same; Same; Presumption – There is a presumption for the latter situation mentioned above when a team, yoke pair, or set is bought, even if a separate price has been fixed for each one of the animals composing the same.[71]

40-day prescription – The redhibitory action based on either faults or defects of animals must be brought within 40 days from date of delivery by the seller.[72] The buyer may choose between withdrawing from the contract and demanding a proportionate reduction of the price, with damages in either case.[73] The said action may only be exercised with respect to faults and defects which are determined by law or by local customs.[74]

Same; When professional inspection made – Even if a professional inspection has been made such that the nature of the hidden defect of the animal is of such a nature that expert knowledge is not sufficient to discover it, the defect is considered redhibitory.[75] However, the veterinarian is liable for damages if through ignorance or bad faith he fails to discover or disclose it.[76]

Same; When animals sold at fairs or public auctions, or live stock sold as condemned – The sale of animals at fairs or public auctions, as well as live stock sold as condemned, does not come with warranty against hidden defects.

Same; Sale of animals with contagious diseases and unfit for purpose they were acquired – A contract for the sale of animals suffering from contagious diseases is void.[77] A sales contract of animals is likewise void if the use or service for which they are acquired has been stated in the contract, and they are found to be unfit therefor.[78]

Seller liable if animal dies within 3 days from purchase – The seller is liable if the animal sold dies within three days from the purchase thereof by the buyer if the disease which caused the death existed at the time of the contract.[79]

Consequences when rescission made – If the sales contract is rescinded, the buyer is required to return the animal in the condition that it was sold and delivered.[80] The buyer is only responsible for any injury due to his negligence, and not arising from the redhibitory fault or defect.”[81]


[1] Ibid. Article 1495.

[2] Ibid. Article 1496.

[3] Equatorial Realty Development, Inc. v. Mayfair Theater, Inc., G.R. No. 133879, 21 November 2001; The Heirs of Pedro Escanlar, et al., v. The Hon. Court of Appeals, et al., G.R. Nos. 119777 and 120690 dated 23 October 1997; Heirs of Quirico Seraspi, et al., v. Court of Appeals, et al., G.R. No. 135602, 28 April 2000.

[4] CIVIL CODE. Article 1497.

[5] Ibid. Article 1501.

[6] Ibid. Article 1477.

[7] CIVIL CODE. Paragraph 1, Article 1498.

[8] Ibid.

[9] CIVIL CODE. Article 1501.

[10] Ibid. Paragraph 2, Article 1498.

[11] Ibid. Article 1499.

[12] Ibid. Article 1500.

[13] Ibid. Paragraph 1, Article 1502.

[14] Ibid.

[15] Ibid.

[16] CIVIL CODE. Paragraph 2, Article 1502 (1).

[17] Ibid. Paragraph 2, Article 1502 (2). The issue on what constitutes “a reasonable time” is a question of fact (Ibid.).

[18] CIVIL CODE. Paragraph 1, Article 1503. “The right of possession or ownership may be thus reserved notwithstanding the delivery of the goods to the buyer or to a carrier or other bailee for the purpose of transmission to the buyer” (Ibid.).

[19] Ibid. Paragraph 2, Article 1503.

[20] Ibid.

[21] CIVIL CODE. Paragraph 3, Article 1503.

[22] Ibid. Paragraph 4, Article 1503.

[23] Ibid.

[24] CIVIL CODE. Paragraph 4, Article 1503.

[25] Ibid. Article 1504.

[26] Rosario Textile Mills Corporation v. Home Bankers Savings and Trust Company, G.R. No. 137232, 29 June 2005.

[27] CIVIL CODE. Article 1504.

[28] Ibid. Article 1504 (1).

[29] Ibid. Article 1504 (2).

[30] Ibid. Paragraph 1, Article 1545.

[31] Ibid. Paragraph 1, Article 1545.

[32] Ibid. Paragraph 2, Article 1545.

[33] Ibid. Article 1546. The rules on warranty are primarily governed by the Civil Code. There are additional rules in the Consumeer Code (see Chapter VIII on Consumer Laws).

[34] Ibid.

[35] CIVIL CODE. Article 1547 (1).

[36] Ibid. Article 1547 (2). “This article shall not, however, be held to render liable a sheriff, auctioneer, mortgagee, pledgee, or other person professing to sell by virtue of authority in fact or law, for the sale of a thing in which a third person has a legal or equitable interest” (Paragraph 2, Ibid.).

[37] Ibid. Article 1548. “Eviction shall take place whenever by a final judgment based on a right prior to the sale or an act imputable to the vendor, the vendee is deprived of the whole or of a part of the thing purchased” (Article 1548, Civil Code). “The vendee need not appeal from the decision in order that the vendor may become liable for eviction” (Article 1549, Civil Code). It should be noted that the seller’s warrant “cannot be enforced until a final judgment has been rendered, whereby the vendee loses the thing acquired or a part thereof” (Article 1557, Civil Code). Thus, the seller is not “obliged to make good the proper warranty, unless he is summoned in the suit for eviction at the instance of the vendee” (Article 1668, Civil Code). Hence, the defendant buyer “shall ask, within the time fixed in the Rules of Court for answering the complaint, that the vendor be made a co-defendant” (Article 1559, Civil Code).

[38] Ibid. Article 1548.

[39] Ibid. Article 1551.

[40] Ibid. Article 1552.

[41] Ibid. Article 1550.

[42] Ibid. Article 1553.

[43] Ibid. Article 1554.

[44] Ibid.

[45] CIVIL CODE. Article 1555.

[46] Ibid. Article 1555 (1).

[47] Ibid. Article 1555 (2).

[48] Ibid. Article 1555 (3).

[49] Ibid. Article 1555 (4).

[50] Ibid. Article 1555 (5).

[51] CIVIL CODE. Paragraph 1, Article 1556. The seller may “exercise this right of action, instead of enforcing the vendor’s liability for eviction.” “The same rule shall be observed when two or more things have been jointly sold for a lump sum, or for a separate price for each of them, if it should clearly appear that the vendee would not have purchased one without the other” (Paragraph 2 and 3, Article 1556, Civil Code).

[52] Ibid. Paragraph 1, Article 1560.

[53] Ibid. Parragph 1, Article 1560.

[54] Ibid. “One year having elapsed, he may only bring an action for damages within an equal period, to be counted from the date on which he discovered the burden or servitude” (Paragraph 3, Article 1560, Civil Code).

[55] CIVIL CODE. Article 1561. Warranty for hidden defects is applicable to judicial sales, “except that the judgment debtor shall not be liable for damages (Article 1570, Civil Code). There is a 6-months prescription for actions arising from Articles 1561 to 1570 of the Civil Code (Article 1571, Ibid.). For Articles 1561, 1562, 1564, 1565 and 1566, the seller may choose between withdrawing from the contract and demanding a proportionate reduction of the price, with damages in either case (Article 1567, Ibid.).

[56] CIVIL CODE. Article 1561. Warranty for hidden defects is applicable to judicial sales, “except that the judgment debtor shall not be liable for damages (Article 1570, Civil Code). There is a 6-months prescription for actions arising from Articles 1561 to 1570 of the Civil Code (Article 1571, Ibid.). For Articles 1561, 1562, 1564, 1565 and 1566, the seller may choose between withdrawing from the contract and demanding a proportionate reduction of the price, with damages in either case (Article 1567, Ibid.).

[57] Ibid. Article 1562.

[58] Ibid. Article 1562(1).

[59] Ibid. Article 1562(2).

[60] Ibid. Article 1563.

[61] Ibid. Article 1564.

[62] Ibid. Article 1565.

[63] Ibid. Paragraph 1, Article 1566.

[64] Ibid. Paragraph 2, Article 1566.

[65] Ibid. Article 1568.

[66] Ibid.

[67] Ibid. Paragraph 1, Article 1569.

[68] Ibid. Paragraph 2, Article 1569.

[69] Ibid. Paragraph 1, Article 1572. “The form of sale of large cattle shall be governed by special laws” (Article 1581, Civil Code).

[70] Ibid. Article 1573.

[71] Ibid. Paragraph 2, Article 1572.

[72] Ibid. Paragraph 1, Article 1577.

[73] Ibid. Article 1580 cf. 1567.

[74] Ibid. Paragraph 2, Article 1577.

[75] Ibid. Paragraph 1, Article 1576.

[76] Ibid. Paragraph 2, Article 1576.

[77] Ibid. Paragraph 1, Article 1575.

[78] Ibid. Paragraph 2, Article 1575.

[79] Ibid. Article 1578.

[80] Ibid. Article 1579.

[81] Ibid.

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