Obligations OF THE Vendee PDF

Preview

Summary

OBLIGATIONS OF THE VENDEEArt 1582. The vendee is bound to accept delivery and to pay the price of the thing at the time and place stipulated in the contract. If the time and place should not have been stipulated, the payment must be made at the time and place of delivery of the thing sold.Principal ...

Description

OBLIGATIONS OF THE VENDEE Art 1582. The vendee is bound to accept delivery and to pay the price of the thing at the time and place stipulated in the contract. If the time and place should not have been stipulated, the payment must be made at the time and place of delivery of the thing sold. Principal Obligations of Vendee 1. Accept delivery 2. Pay the price of the thing sold 3. Bear expenses for the execution and registration of the sale and putting the goods in a deliverable state, if such is the stipulation. Rules 1. In a contract of sale, the vendor is not required to deliver the thing sold until the price is paid nor the vendee to pay the price before the thing is delivered in the absence of an agreement to the contrary  Once one party performs his obligation, the other must comply or else guilty of delay 2. WITH STIPULATION: vendee is bound to accept delivery and to pay the price at the time and place desginated 3. NO STIPULATION: pay at the time and place of delivery 4. NO STIPULATION on place of delivery: made wherever the thing might be at the moment the contract was perfected 5. TIME OF DELIVERY IS ONLY STIPULATED: vendee is required to pay even before the thing is delivered to him Art 1583 Unless otherwise agreed, the buyer of goods is not bound to accept delivery thereof by installments. Where there is a contract of sale of goods to be delivered by stated installments, which are to be separately paid for, and the seller makes defective deliveries in respect of one or more instalments, or the buyer neglects or refuses without just cause to take delivery of or pay for one more instalments, it depends in each case on the terms of the contract and the circumstances of the case, whether the breach of contract is so material as to justify the injured party in refusing to proceed further and suing for damages for breach of the entire contract, or whether the breach is severable, giving rise to a claim for compensation but not to a right to treat the whole contract as broken. GENERAL RULE:...