Conditions

Conditionsand
andWarranties
Warranties
Sunday,
Sunday,
21 October
21 October
2018
2018 2:30
2:30
PMPM

Conditions
Conditions Warranties
Warranties
Definition
Definition According
According to to Art.Art. 1179,1179, a Art.
a Art. 1546.1546. Any Any affirmation
affirmation of of factfact or or
condition
condition is either:
is either: anyanypromise
promise by by thethe seller
seller
relating
relating to to
Conditions
Conditionsand
andWarranties
Warranties a. aa.future
a future
uncertain
uncertain
AND AND
event;
event;
thethething
or,or,natural
natural
thingis an
tendency
is an
tendency
express
express
of ofsuch
warranty
such
warranty
affirmation
if the
affirmation
if the

Sunday,
Sunday,
21 October
21 October
2018
2018 2:302:30
PM
b. b. PM
a past
a past event event or or
promise
promise is to is toinduce
induce thethe buyer buyer to to
unknown
unknown to tothethe purchase purchase thethe same, same, andand if theif thebuyer buyer
parties
parties purchase
purchase thethe thing thing relying
relying thereon.
thereon.
Conditions
Conditions
Upon
Upon which which thethe Warranties
NoWarranties
No affirmation
affirmation of of thethe value
value of of thethe
Definition
Definition performance
performance
According
According to of to
Art. of
an
Art. an1179,
1179, thing,
a Art.thing,
a Art. nor
1546. nor
1546. any
Any any
Anystatement
statement
affirmation
affirmation purporting
purporting
of of
factfact or or
obligation
obligation
condition
condition isdepends
isdepends
either:either: to any
anyto
bepromise
be
apromise
statement
a statement
by by theoftheof
the
sellerthe
seller's
seller seller's
relating
relating to to
(demandability).
(demandability).
a. aa.future
a future AND AND opinion
theopinion
thething only,
thingisonly,
anis shall
an shall
express be be
express construed
construed
warranty
warranty ifasthe
ifaasthe
a
uncertain
uncertain event;
event; warranty,
warranty,
or,or,natural
natural unless
tendency unless
tendency the
of theseller
of
such seller
such made made
affirmation such
affirmation such
Note
Note
b. b.(s) (s)
a past
a past event event affirmation
or affirmation
or
promise
promise isortoisor
statement
statement
to
induce
induce asthe
the an
as buyer
buyer an
expertexpert
to to
a. unknown
Assessment
a. unknown
Assessment to oftheof
to andpurchase
and
the purchase it was
it wasrelied
the relied
the
same, upon
same, upon byifby
andand the
if the
the buyer.
the
buyer buyer.
buyer
conditions
conditions
parties
parties depend (n)purchase
dependpurchase (n) thethe thing thing relying
relying thereon.
thereon.
Upon
Upon on on
whichwhether
whichwhether
thethethethe NoNo affirmation
affirmation of of thethe value
value of of thethe
modality
performance modality
performance ofisofanisan Art.thing,
Art.
thing, 1547.1547.
nor In any
nor
any In
astatement
contract
astatement
contract ofpurporting
of
sale,sale,unless
purporting unless
attached
obligation
obligationattached
depends to to
depends thethe to a contrary
abecontrary
to be intention
a statement intention
a statement of appears,
theappears,
of the
seller's there
seller's there is: is:
obligation
obligation
(demandability).
(demandability). or orthethe opinion opinion(1)only,
(1)
Anonly,
Animplied
implied
shall shallbewarranty
be warranty
construed
construed onas on
theaasthea
contract
contract itself;
itself;
and, and,warranty, partpart
warranty, ofunless
unless of
thethe seller
the seller
the that
seller that
seller hemade
made he
has has
suchasuch a
b. b.
Note
Note in the
(s) in the
(s) latterlattercase,case, affirmation right
affirmation right
toortosell
or sell
thethe
statement thing
statement thing
as at asthe
an at
an the
experttime
experttime
whether
whether
a. Assessment
a. Assessment thetheof of andand it when
it when
was was the
relied the
ownership
relied ownership
upon upon by by isthe
the to
is topass,
buyer. pass,
buyer.
condition
condition
conditions
conditions depend(n)(n) andand
attaches
attaches
depend thatthat thethe buyerbuyer shall shallfrom from
to on
on to
the the
whethervalidity
whether validity
thethe thatthat
time time have have andand enjoy enjoy thethe
(perfection)
(perfection)
modality
modality is isor or Art.Art. legal
1547. legal
1547. andIn
In aand peaceful
peaceful
contract
a contract possession
of possession
of
sale,sale,unless of of
unless
effectivity
effectivity
attached
attached toofto
theof
the
the the a contrary thethe
a contrary thing;thing;
intention
intention appears,
appears, there there is: is:
contract.
contract.or or
obligation
obligation thethe (2)(1)
(1) (2)
AnAn implied
implied warranty
warranty thaton
on that
the
the the
the
contract
contract itself;
itself;
and, and, thing
part thing
ofshall
part ofshall
the be
the be
freefree
seller
seller from
that thatfrom
he anyhasany
he has
a a
b. b.in the
in the latterlattercase,case, hidden
righthidden
to faults
right sellfaults
to sell
theortheor
defects,
thing defects,
thing at theatorthe or
any
time any
time
whether
whether thethe charge
when charge
when orthe
the or
encumbrance
encumbrance
ownership
ownership is to isnottonot
pass, pass,
condition
condition attaches
attaches declared
and declared
and
thatthat or the
the or
knownknown
buyerbuyer to shall
shall to
thefromthe
buyer.
buyer.
from
to tothethe validity
validity thatthat
time time have have andand enjoy enjoy thethe
Kinds
Kinds (perfection)
Resolutory
Resolutory(perfection)
or or or or Express
Suspensive
Suspensive Expresslegallegal
or and
or and
Implied peaceful
Implied peaceful possession
possession of of
effectivity
effectivity of ofthethe thethething;thing;
Effects
Effectsof of
non-
non- Generally
Generally does
contract.
contract. does notnot Breach
Breach (2)of(2)
of
Ancontract.
Ancontract.
implied
implied warranty
warranty thatthat thethe Art.Art.
1599.1599.WhereWhere therethere is aisbreacha breach of of warranty
warranty by by thethe seller,
seller,
thethe buyerbuyer
fulfillment/breach
fulfillment/breach amount
amount to to a breach,
a breach, butbut thingthingshall shallbe be freefreefrom from anyany may, may,at his
at his
election:
election:
maymayresult
result in the in the Art.Art.
1545.1545.
hidden ... However,
hidden ... However,
faultsfaultsor or if defects,
the
defects,if theother
orother
or
anyany (1)(1)Accept
Accept or orkeep keep thethe goods goods andand setset up up against
against thethe seller,
seller, thethe
extinguishment
extinguishment of of party
party has has
charge promised
charge promised
or or thatthat
encumbrance
encumbrancethethe notnot breach
breach of ofwarranty
warranty by by wayway of of recoupment
recoupment in diminution
in diminution or or
obligation
obligation on on whichwhich it isit iscondition
condition
declared should
declared should
or or happen
known happen
known to to or the
the or
be be
buyer.
buyer. extinction
extinction of ofthethe price; price;
based.
based. performed,
performed, such such firstfirst
mentioned
mentioned (2)(2)Accept
Accept or orkeep keep thethe goods goods andand maintain
maintain an an action
action against
against thethe
party
party may may alsoalso treattreat thethe seller
sellerforfor damages
damages forfor thethe breachbreach of of warranty;
warranty;
Kinds
Kinds Resolutory
Art.Resolutory
Art.
1545.
1545. orWhere
Where or
Suspensive
Suspensive
thethe Express Express
nonperformance or or
nonperformance Implied
Implied of ofthethe condition
condition as as (3)(3)Refuse
Refuse to toacceptaccept thethe goods,goods, andand maintain
maintain an an action
action against
against thethe
Effects
Effectsof of
non-
non- obligation
obligation
Generally
Generally of does
does of
either
either
not party
not a breach
a breach
partyBreach
Breach ofofof of
warranty.
contract. warranty.
contract. seller
Art.Art.
1599. seller
1599. forWhere
Where for
damages
damages
therethere isfor aisfor
the
breach thebreach
a breach breach
of of ofwarranty
warrantyof
warranty;
warranty;
by by thethe seller,
seller,
thethe buyerbuyer
fulfillment/breach
fulfillment/breach to amount
to
a contract
amount a contract
to to of
a breach, of
salesale
a breach, isbutisbut may,
may, (4)his
at (4)
atRescind
Rescind
his
election: thethe
election: contract
contract of ofsalesale andand refuse
refuse to to receive
receive thethegoods goods or or
subject
maysubject
may to to
result
result any
in any incondition
the conditionArt.
the Note
Note
Art. (s)1545.
1545. (s)... However,
... However, if theif theother other if the
(1) ifAccept
(1) the
goodsgoods
Accept orhave
or have
keep already
keep thealready
the
goodsbeen
goodsbeen received,
and received,
andsetset up up return
return
against
against them
thethem
the orseller,
or
offer
seller, offer
the to to
the
which
which is not
extinguishment is not
extinguishment performed,
performed,
of of partya. has
party In
a. has
In
the the
cited
promised cited
promised provision,
provision,
thatthat
thethe thethe return
return
breach
breach them
ofthem
of to
warranty to
thethe
warranty seller
byseller
by
way and
way and
of recover
of recover
recoupment
recoupmentthethe price
inpriceinordiminution
or
anyany
diminution partpart
orthereof
orthereof
such
suchparty
obligation party
obligation may:
on may:
onwhichwhich it isit iscondition condition
condition condition
should waswas
should elevated
happen elevated
happen ortoorbeto
a be a which
which
extinction hashas
extinction been
of been
thepaid.
of the paid.
price; price;
1) 1)
based. refuse
based. refuse to to proceed
proceed performed, warranty,
performed, warranty,
such which
such which
first will
first will
mentionedentitle
mentioned entitle thethe (2)(2)Accept
Accept or orkeep keep thethe goods goods andand maintain
maintain an an action
action against
against thethe
with with thethe contract;
contract; party party other
may other
may party
also party
alsotreatto
treatto
sue
thesueforfor
the damages.
damages. WhenWhen
seller
seller the
for the
for buyer
damagesbuyer
damages has has
for claimed
for claimed
the thebreachandand
breach been
of been
of granted
warranty; granted
warranty; a remedy
a remedy in in
Art.Art.or,1545.
1545. or,Where Where thethe nonperformance
nonperformance of ofthethe condition
condition as as anyone
(3) anyone
(3)
Refuse of of
Refuse these
to these
to
acceptways,
acceptways,
theno thenoother
goods, other
goods, remedy
and remedy
and maintaincancan
maintain thereafter
anthereafter
an
action be
action be
granted,
against granted,
against thethe
2) 2)he he
obligation
obligation mayofmay waive
of waive
either
eitherparty partyaseeasee
below
breach below
breach of of warranty.
warranty. without
without
seller
sellerforprejudice
for prejudice
damages
damages to
forto the
for the
the provisions
the provisions
breachbreach of ofof of
the
warranty; the
second
warranty; second paragraph
paragraph of of
to to aperformance
a contractperformance
contract of of ofisof
salesale the
is the Article
(4) Article
(4)
Rescind1191.
Rescind 1191.
thethe contract
contract of ofsalesale andand refuse
refuse to to receive
receive thethegoods goods or or
subject condition.
subject tocondition.
to
anyany condition
conditionNote Note (s) (s) Where
if Where
the
if the the
goods the
goodsgoodsgoods
have have have
alreadyhave been
already been
been delivered
been delivered
received,
received,to return
to
thereturn
thebuyer,buyer,
them heorhe
them cannot
or cannot
offer offerto to
which
which is notis not performed,
performed, a. In a. Inthethe cited cited provision,
provision, thethe rescind
rescind
return
return the
them the
themsale
tosaleif he
to
the ifseller
the he
knew knew
sellerand of
and of
therecover
the
recover breachbreach
thethe of
priceof
warranty
price warranty
or or anyanywhenwhen
part part hethereof
thereofhe
Note
Note
such
such (s)party
party (s)may: may: condition
condition waswas elevated
elevated to to a a accepted
accepted
which
which hasthe
has the
been goods
been goods
paid. without
paid. without protest,
protest, or or if heif hefails fails
to tonotify
notify thethe
a. 1)
1) Where
a. refuse
Where
refuse theto
to theproceed
proceed warranty,
warranty, which which willwill entitle
entitle thethe seller
sellerwithin
within a reasonable
a reasonable time time of ofthethe election
election to torescind,
rescind, or or if he
if he
ownership
with ownership
with thethe in
contract;the
in the
contract; otherother partyparty to tosuesue forfor damages.
damages. fails
Whenfails
Whentotheto
return
return
the
buyer or has
buyer or
to has to
offer offer
claimed to to
claimed return
and return
and
beenthe the
been goods goods
granted
granted toatotheathe
remedyseller
seller
remedy inininin
thing
or, thing
or, hashas notnot substantially
substantially
anyone
anyone of of as
these good
asways,
these good
ways, condition
nocondition
noother other as they
as
remedy
remedytheywere
can were
can in thereafter
at
in the
thereafter at thetime
betime
be the the
granted,
granted,
2) 2)passed,
he passed,
he
may may thewaive
waivethe
buyerbuyer seesee belowbelow ownership
ownership
without
without waswas
prejudice transferred
prejudice transferred
to to
thethe to
provisions to
thethe
provisions buyer.
ofbuyer.
of
the But
theBut ifsecond
second deterioration
if deterioration
paragraph
paragraph or
of orof
may may treat
performance
performancetreat thethe
of of thethe injury
injury
Article
Articleof1191.
of
the the
1191.goodsgoods is dueis due to to thethe breachbreach or orwarranty,
warranty, such such
fulfillment
fulfillment
condition.byby
condition. thethe deterioration
deterioration
Where
Where thethe or
goodsgoodsor
injuryinjury
have have shall
been shall
beennot notprevent
delivered prevent
delivered tothe thethe
to buyer
the buyer
buyer, from
buyer, hefrom
hereturning
cannot returning
cannot
seller
seller of of hishis or rescind
or
offering
rescind offering
thethe to
saleto
return
ifreturn
sale heif he the
knew the
goods
knew goods
of of
thetotheto
thebreach
breach the
sellerseller
of ofandwarranty
and
warranty rescinding
rescinding
whenwhen the
he the
he
Note
Note obligation
(s) obligation
(s) to to sale.
sale. thethe
accepted
accepted goodsgoods without
without protest,
protest, or or if heif hefails fails
to tonotify
notify thethe
deliver
a. Where deliver
a. Where thethe
the the
same:same: Where
Where
seller
seller the
within the
buyer
within abuyer is entitled
reasonable is entitled
a reasonable timetotimeto
rescind
of rescind
of
thethe theelection
the
election salesale and
to and
to elects
rescind,elects
rescind, to
or to do
or do
ifso,he
if he so,
i. as
ownership i. described
ownership as indescribed
the
in the he fails
he
failsshall
toshall
cease
to
returncease
return to
or to be
or be liable
to
offer liable
offer forto
to for
the
return the
price
return price
the upon
the
goods upon
goods returning
toreturning
to
thethe or
seller or
offering
sellerin offering
in
thingthing andhas
has andas not
not as to substantially
to
return
return
substantially thethe goods.
as goods.
good
as good Ifcondition
the
Ifcondition
the
price price
asorthey
asor
any any
theypart
were part
werethereof
in thereof
at at has
in the the has
timealready
time already
the the
passed,
passed,warranted
warranted
the the
buyerbuyer beenbeen
ownershippaid,
ownership paid, the
wastheseller
was seller
transferred shall
transferred shallbetobeliable
to
theliable
the tobuyer.
buyer. to
repayrepay
ButButsoifso much
if much thereof
deterioration thereof
deterioration as or
or as
may may expressly;
treat expressly;
treat thetheor,or, hasinjury
has
injury been been
of paid,
of
the paid,
the concurrently
goods concurrently
goods is dueis due towiththewith
to thethebreach
breach the
returnreturn
or or ofwarranty,
warranty,of
thethe goods,
goods,
such suchor or
ii. ii.
fulfillment by by byby
fulfillment thethe immediately
immediately
deterioration
deterioration after
orafter
or aninjury
injury an
offer offer
shall tonot
shall to
return
notreturn
prevent thethe
prevent goods
thegoods
the
buyer in
buyerexchange
infrom
exchange
from forfor
returning
returning
seller
seller implication
ofimplication
hishis in in
of repayment
or repayment
or
offering
offering of
to of
the
to
returnthe
price.
return price.
thethe goods goods to tothethe sellerseller
andand rescinding
rescinding thethe
obligation thethe
obligation contract
contract
to to Where
Where
sale.
sale. thethe buyerbuyer is entitled
is entitled to to rescind
rescind thethe salesale andand elects
electsto to do doso,so,
deliver
deliverofthe of
sale sale
the
same:same: if the
if the
Where
Where seller
seller
the therefuses
buyer refuses
buyer is to is to
accept
entitled accept
entitled toanto an
offer
rescind offer
rescind of
theofthe
the the
sale buyer
sale buyer
and to
and to
return
elects return
electsto to thedo
do the
so,so,
as asai.condition
aas
i.condition
described
as described of of goods,
he goods,
he
shall the
shall the
cease buyer
cease buyer
to to shall
be beshall
liablethereafter
thereafter
liable forfor thethebe
pricebe
deemed
pricedeemed
upon upon to to
hold
returning hold
returningtheorthe
goods
or goods
offering as as
offering
thethe obligation
obligation
and andas as of of bailee
to bailee
to
return forfor
return thethe
the the
seller,
goods.seller,
goods. but
If butIfsubject
the subject
the
price priceto
ortoaor
anylien
aany
lien
topart
part to
secure secure
thereof
thereofpayment
payment
has has
already of of
anyany
already
thethe buyer buyer
warranted to to
warranted portion
beenportion
been paid,of
paid,of
thetheprice
sellerprice
seller which
shallwhich
shallbehasbe has
been
liable been
liabletopaid,
to paid,
repay and
repay soand with
so
much with
the
much the
remedies
thereof remedies
thereof as as
perform
perform hishis or,or,
expressly;
expressly; forhas
has for
the
beenthe
enforcement
been enforcement
paid,paid,concurrently of of
concurrently such such lien
with lien
withallowed
theallowed
the
return to of
return to
anof an
unpaid
the unpaid
the
goods, seller
goods, seller
or orby by
promise
promise
ii. ii.
by by to toaccept
accept Article
Article
immediately 1526.
immediately 1526.afterafteran an offer offer to to return
return thethe goodsgoods in exchange
in exchange forfor
andand pay pay for
implicationfor
thethein in
implication (5)repayment
(5)
In In
repayment thethe case
ofcase
ofofthe
the of
breach
price. breach
price.of of warranty
warranty of ofquality,
quality, suchsuch loss,
loss,in the
in the
thing.
thing. thethe contract
contract absence
absence
Where
Where ofthe
the of
special
buyerspecial
buyer iscircumstances
iscircumstances
entitled
entitled to to showing
rescind showing
rescind thethe proximate
sale proximate
saleandand damage
elects damage
electsto to doofdo
so,of
a so,
a
of of salesale greater
if greater
the
if the amount,
seller amount,
sellerrefuses is the
refuses is
tothe difference
to
acceptdifference
accept an an between
offer between
offer of ofthethe
the thevalue
buyer value
buyer toofto of
the
return the
goods
return thegoods
the
as asa condition
a condition of of at the
at the
goods,
goods, time
thetime
theof buyer
buyerof
delivery
delivery
shall shallto thereafter
to
thethe
thereafter buyer buyer
be andbe and
deemed thethe
deemed value
tovalue
to
holdthey
holdthey
thewould
thewould
goods have
goods ashave
as
thethe obligation
obligation of of hadbailee
had
bailee if for
they
if for
theyhad
the had
the answered
seller, answered
seller, butbut tosubject
subject to
thethe warranty.
to awarranty.
to lien
a liento(n)to (n)
secure secure payment
payment of of
anyany
Other
Other
Distinctions
Distinctions Note
Note the(s)
(s) thebuyer buyer to to NoteNote (s) (s) portion
portion of of thetheprice price whichwhich hashas been been paid,paid, andand with with
thethe remedies
remedies
a. perform
a. perform
generally
generally his
goes his
goesto to a. goes
a. goes intointo performance
performance of of forforthethe enforcement
enforcement of of such such lienlienallowed
allowed to toan an unpaid
unpaid seller
sellerby by
promise
promise
"root"
"root" oftoofto accept
accept obligations;
obligations; may mayeven even be be thethe Article
Article 1526.1526.
and andpaypay
obligation
obligation forfor thethe obligation
obligation itself
itself (5)(5)In Inthethe case caseof of breach breach of of warranty
warranty of ofquality,
quality, suchsuch loss,
loss,in the
in the
b. b.thing.
must thing.
must be be stipulated
stipulated b. b. may mayform form partpart of ofthethe obligation
obligation absence
absence of of special
special circumstances
circumstances showing
showing proximate
proximate damage
damage of ofa a
c. may
c. may be be attached
attached to to or orcontract
contract even evenwithout
without thethe greater
greater amount,
amount, is theis the difference
difference between
between thethe valuevalue of of
thethe goods goods
obligations
obligations of ofthethe parties
parties havinghaving expressly
expressly agreedagreed at the
at the time time of of
delivery
delivery to to thethe buyer buyer andand thethe value value they they
wouldwould have have
 seller implication
sellerofimplication
hishis in in
of repayment
or repayment
or
offering
offering of
to of
the
to the
return price.
returnprice.
thethegoods
goods to to
thethe seller
sellerandandrescinding
rescinding thethe
thethe
obligation
obligationcontract
contract
to to Where
Where
sale.
sale. thethebuyer
buyer is entitled
is entitled to to
rescind
rescind thethe salesale
andandelects
elects
to todo do
so,so,
deliver ofthe
deliver of
salesale
the
same:
same: if the
if the
Where
Where seller
seller
the refuses
the
buyer refuses
buyer is to
is to
accept
entitledaccept
entitled toanto an
offer
rescind offer
rescind of
theof
the
thethe
buyer
sale buyer
sale
andandto to
return
elects return
elects
to tothedo
do the
so,so,
as as
ai.condition
aas
i.condition
described of of
as described goods,
he goods,
he
shall the
shall the
buyer
cease buyer
ceaseto to shall
be shall
be thereafter
liable thereafter
liable
forfor be
thethe be
deemed
price
pricedeemed
upon upon to to
holdhold
returning theor
returning the
goods
orgoodsas as
offering
offering
thetheobligation
obligation
and as as of of
and bailee
to bailee
to
return forfor
return thethe
the the
seller,
seller,
goods.
goods. but
If but
Ifsubject
the subject
the
price to
priceorto
aorlien
any aany
lien
topart
part to
secure
secure
thereof payment
thereof payment
has has of of
already anyany
already
thethebuyerbuyerto to
warranted
warranted portion
beenportion
been paid,of of
paid,
thethepriceprice
seller which
seller which
shall behas
shall be has
been
liable been
topaid,
liable topaid,
repay and
repay soandwith
so with
much
muchthe the
remedies
thereof remedies
thereof as as
perform
perform hishis or,or,
expressly;
expressly; forhas
has for
the
been the
enforcement
been enforcement
paid,
paid, of of
concurrently such
concurrently suchlien
with lien
withallowed
theallowed
the
return to of
return to
anof an
unpaid
the unpaid
the
goods, seller
goods,seller
or orby by
promise
promise
ii. ii. to to
by by accept
accept Article
Article
immediately 1526.
immediately 1526.
afterafter
an anoffer
offer
to toreturn
returnthethe goodsgoods in exchange
in exchange forfor
andandpay pay
for for
thethein in
implication
implication (5)repayment
(5)
In In
repayment thethe case
ofcase
ofofthe
the of
breach
breach
price.of of
price. warranty
warranty of of
quality,
quality,suchsuchloss,
loss,
in the
in the
thing.
thing.
thethe
contract
contract absence
absence
Where
Where ofthe
the of
special
buyerspecial
buyer iscircumstances
iscircumstances
entitled
entitled to to showing
rescind showing
rescind thethe proximate
sale proximate
sale
andand damage
elects damage
elects
to todoof
doof
a so,
so, a
of of
salesale greater
if greater
the
if the amount,
seller amount,
seller
refuses is the
refuses is
tothe
difference
to difference
accept
accept an an between
offer between
offerof of
thethe
the the
value
buyer value
buyertooftoof
the
returnthe
goods
return goods
thethe
as as
a condition
a condition of of at the
at the
goods,
goods,time
thetimeof buyer
the
buyerof
delivery
delivery
shall to thereafter
shall to
thethe
thereafter buyer
buyer
be and
be and
deemedthethe
deemed value
tovalue
to they
hold they
thewould
hold thewould
goods have
goodsashave
as
thetheobligation
obligation of of hadbailee
had
bailee if for
they
if for
they
had
the had
the answered
seller, answered
seller,butbut tosubject
to
thethe
subject warranty.
to awarranty.
to lien to(n)
a lien to (n)
secure
securepayment
payment of of
anyany
Other
Other
Distinctions
Distinctions Note the(s)
Note
(s) the
buyerbuyerto to Note
Note
(s) (s) portion
portion of of
thethepricepricewhich
which hashasbeen beenpaid,
paid, andand with
withthetheremedies
remedies
a. perform
a. perform
generally
generally his
goeshis
goes
to to a. goes
a. goes intointo
performance
performance of of forforthethe enforcement
enforcement of of
suchsuchlienlien
allowed
allowed to to
an anunpaid
unpaid seller
seller
by by
promise
promise
"root"
"root" to
of of to
accept
accept obligations;
obligations; may may
eveneven
be be
thethe Article
Article 1526.
1526.
and and
pay
obligation pay
for
obligation for
the the obligation
obligation itself
itself (5)(5)
In Inthethe casecaseof ofbreach
breach of of
warranty
warranty of of
quality,
quality,suchsuchloss,
loss,
in the
in the
thing.
b. b.
mustthing.
mustbe bestipulated
stipulated b. b. may mayformformpartpart
of of
thethe
obligation
obligation absence
absence of ofspecial
special circumstances
circumstances showing
showing proximate
proximate damage
damage of of
a a
c. may
c. may be be attached
attached to to or or contract
contract even even
without
without thethe greater
greater amount,
amount, is the
is the
difference
difference between
between thethevalue
valueof of
thethegoods
goods
obligations
obligations of of
thethe parties
partieshaving
having expressly
expressly agreed
agreed at the
at thetime timeof of
delivery
delivery to to
thethe buyer
buyerandand thethe valuevalue
theythey
would
would have
have
buyer
buyer or orseller
seller c. attaches
c. attaches to to
thethe subject
subject matter
matter
or or hadhad if they
if they
hadhad answered
answered to to
thethewarranty.
warranty. (n)(n)
Other
Other
Distinctions
Distinctions Note
Note
(s) (s) NoteNote the(s)
(s) the
obligations
obligations of of
thethe
seller
seller
as as
a. generally
a. generally goes goes
to to regards
a. goes regards
a. goes theperformance
intointothe
subject
subject
matter
performance matter
of of
"root"
"root" of of obligations;
obligations; may may
evenevenbe be
thethe
obligation
obligation obligation
obligation itself
itself
b. b.
mustmust be bestipulated
stipulated b. b. may may formformpartpartof of
thetheobligation
obligation
What
c.What
may
c. may be be attached
attached to to or or contract
contract even Requisites
even Requisites
without
without thethe Note
Note(s) (s)
A. A.
Express
Express
Warranty obligations
WarrantyArt.Art. obligations
1546.
1546. Any Any ofaffirmation
of
thethe of of
affirmation parties
fact parties
fact
or orhaving
any having
any expressly
expressly
FromFrom theagreed
theagreed
foregoing,
foregoing, thethe
following
following According According alsoalso
to to
Art.Art.
1546:
1546:
buyer
promise buyer
promise byor theor
by seller
theseller
seller
seller
relating c.to attaches
relating c.to
theattaches
the
thing toisto
thing theisthe
an subject
an subject
mustmustbematter
be matter
presentor in
presentor order
in order forfor
an anexpress
express
express
expresswarranty
warranty if the
if the
natural
natural the
tendencythe
obligations
tendencyobligations
of of of of
the the
warrantyseller
warrantyseller
to as
be as
to be
present:
present: nonoaffirmation
affirmation of of
thethe
value
value
of of
thethething,
thing,
nornor
such
such
affirmation
affirmation or or
promise
promise is to isregards
regards
to
induce the
induce the
the subject
thesubject matter
1) matter
1)
there
theremust
mustbe be
an anaffirmation
affirmation of of anyany statement
statement purporting
purporting to to
be be
a statement
a statement of of
buyer
buyerto to
purchase
purchase thethesame,
same,andand if the
if the
buyer
buyer factfact
or or
anyanypromise
promise by by
thetheseller,
seller,thethe
seller's
seller's opinion
opinion only,
only,
shall
shall
be be
construed
construed
purchase
purchase thethe thing
thingrelying
relying
thereon.
thereon. relating
relating
to to
thethesubject
subjectmatter;
matter; as as a warranty,
a warranty,
2) 2)
thethenatural
naturaltendency
tendency of of
suchsuch unless unlessthethe seller
seller
made
made such
such
affirmation
affirmation or or
What
What Requisites
Requisites
affirmation
affirmation or or
promise
promise is to
is to Note
Note(s) (s)as an
statement
statement as an
expert
expert andand
it was
it wasrelied
relied
upon
upon
A. A.
Express
Express
Warranty
WarrantyArt.Art.
1546.
1546. Any Anyaffirmation
affirmation of of factfact or oranyany FromFrominduce
theinduce
the thethe
buyer
foregoing, buyer
foregoing, theto
theto
purchase
purchase
following
following thetheAccording
byAccording
by
thethe
buyer.
buyer. (n)
to(n)
alsoalso to
Art.Art.
1546:
1546:
promise
promise by by thetheseller
seller
relating
relating
to to thethe thing
thing
is anis anmustmustthing;
be thing;
be andand
present
presentin order
in order forfor
an anexpress
express
express
expresswarranty
warranty if the
if the
natural
natural tendency
tendency of of warranty 3) 3)
thethe
warranty buyer
to buyer
to
be bepurchases
purchases
present:
present: thethething
thing no Furthermore,
Furthermore,
no
affirmation
affirmation Art.Art.
of 1341
the1341
of the states:
valuestates:
value
of of
thethething,
thing,
nornor
such
such
affirmation
affirmation or or
promise
promise is to is to induce
induce thethe 1) 1) relying
relying
there
there on
must on
the
mustbethe
affirmation
be
an affirmation
an
affirmation or or
affirmation of of anyany statement
statement purporting
purporting to to
be be
a statement
a statement of of
buyer
buyerto to
purchase
purchase thethesame,
same,andand if the
if the
buyer
buyer promise.
factpromise.
fact
or or
anyanypromise
promise by by
thethe A mere
seller,the
seller, Aseller's
themereexpression
expression
seller's opinion ofonly,
opinion of
anonly,
an
opinion
opinion
shall bedoes
shall bedoes
notnot
construed
construed
purchase
purchase thethe thing
thingrelying
relying
thereon.
thereon. relating
relating
to to
thethesubject
subject matter; as
matter; signify
signify
as a fraud,
fraud,
a warranty,
warranty, unless
unless
mademadeby by
an an
expert
expert
andand
thethe
2) 2)
thethenatural
naturaltendency
tendency of of
suchsuch unlessother
other
party
unless party
the hasseller
the has
relied
seller relied
made onsuch
made on
thethe
former's
such former's
affirmation special
affirmation special
or or
affirmation
affirmation or or
promise
promise is to
is to knowledge.
knowledge.
statement
statement as(n)
as(n)
an an
expert
expert andand
it was
it wasrelied
relied
upon
upon
B. B.
Implied
Implied
Warranty
Warranty Art.Art.
1547.
1547. In Ina contract
a contract of of
sale,
sale,unlessunless a a induce
inducethethe
buyer
buyer to to
purchase
purchase thetheby by
Notethe(s)
Notethe
buyer.
(s)buyer.(n)(n)
contrary
contrary intention
intention appears,
appears, therethere is: is: SeeSee thing;
below thing;
below andand
1) 1)AnAn implied
implied warranty
warranty on on thethe partpart thethe 3) 3)
of of thethebuyer
buyerpurchases
purchases thethething
thing Furthermore,
Furthermore, Art.Art.
1341
1341states:
states:
seller
seller
thatthathe hehashasa right
a right to to sellsell
thethething
thing relying
relying
on on
thetheaffirmation
affirmation or or
at the
at thetime timewhenwhen thethe
ownership
ownership is to
is to promise.
promise. A mere
A mere expression
expression of of
an an
opinion
opinion doesdoes
notnot
passpass(Right
(Right to to
Sell);
Sell);
and, and, signify
signify
fraud,
fraud,unless
unless
mademadeby by
an an
expert
expert
andand
thethe
2) 2)
AnAn implied
implied warranty
warranty thatthatthethe buyer
buyershall
shall other
other
party
partyhashas
relied
relied
on on
thethe
former's
former'sspecial
special
fromfrom thatthattimetime
have have
andand enjoy enjoy thethe
legal
legal knowledge.
knowledge. (n)(n)
B. B.
Implied
ImpliedWarranty
Warranty Art.Art. and
1547. and
1547. peaceful
Inpeaceful
In possession
a contract possession
a contract of ofsale, ofunless
sale, of
the the
thing
unless a thing
a NoteNote (s) (s)
contrary(Eviction);
contrary (Eviction);
intention
intention appears,
appears, therethereis: is: SeeSee
below
below
3) 1)
1) 3)
An
AnAn implied
An implied
implied
implied warranty
warranty
warranty
warranty that
onthat
onthethe
the the
thing
part thing
partofshall
of
theshall
the
be seller
be
freefree
seller thatfrom from
that any
he hehasanyhidden
has hidden
a right
a right faults
to faults
to
sell or the
sell
the orthingthing
defects
at defects
the
at the (Hidden
time (Hidden
timewhenwhen Defects);
the Defects);
the
ownership or,or,
ownership is to is to
4) 4)Anpass
pass Animplied
implied
(Right
(Right warranty
towarranty
to
Sell); free
Sell);and,free
from
and, from anyany
2) 2)charge
An charge
Animpliedor or
implied encumbrance
encumbrance
warranty
warranty not
thatthat not
the declared
the declared
buyerbuyer orshall
shall or
known
from known
from thattothat
to
thetime
timethe
buyer
buyer
have have(Non-Apparent
and(Non-Apparent
and enjoy
enjoy thethe legallegal
Servitudes).
and Servitudes).
and peaceful
peaceful possession
possession of of
thethe thing thing
a. Warranty
a. Warrantythatthat
seller
seller (Eviction);
(Eviction);
hashas
right
right
to to
sellsell 3) 3)AnAn implied
implied warranty
warranty thatthatthethe thingthing shallshall
be befreefree from fromanyany hidden
hidden faults
faultsor or
b. b.
Warranty
Warrantyagainst
against Art.Art.1548.
1548.
defects Eviction
defects Eviction
(Hidden shall
(Hidden shall
take take
Defects); place
Defects); place
or,whenever
or,wheneverAccording According to to Articles
Articles1548-49,
1548-49, NoteNote (s) (s)
eviction
eviction by by
a final
4) aAn
4) final
An judgment
judgment
implied
implied based
warrantybased
warranty on on
freeafree
right
a right
from fromprior
any prior
anyto to 1557-58,
1557-58,thethe requisites
requisites are:are:
thethe
salesale
or
charge or
anor
charge an
actoract
imputable
imputable
encumbrance
encumbrance tonotto
the the
not vendor,
vendor,
declared
declared the
or the
or 1. 1. buyer
buyer is deprived
is deprived of,of,
or or
evicted
evicted Art.Art. 1555.
1555. WhenWhen thethe warranty
warranty hashas been been agreed agreed
vendee
vendee isknown
known deprived
is deprived
to to of
thethe of
the
buyer the
buyerwholewhole or or
(Non-Apparent of of
(Non-Apparent a parta part from
from thethe whole
whole or or
partpart
of of
thethe upon upon or ornothing
nothing hashas been been stipulated
stipulated on on thisthis
of of
thethething thing
Servitudes).purchased.
Servitudes). purchased. thing
thingbought;
bought; point,
point,in case
in case eviction
eviction occurs,
occurs, thethe vendeevendee shallshall
2. 2.
eviction
eviction is by
is by
final
final
judgment
judgment havehavethetherightrightto todemand
demand of of thethe vendor:
vendor:
a. Warranty
a. Warrantythatthat
seller
sellerTheThe
vendor
vendor shall shall
answer
answer forforthethe eviction
eviction eveneven 3. 3. basis
basis
thereof
thereof is by
is by
virtue
virtue
of of
a a (1)(1)TheThe return
return of ofthethe valuevalue which which thethe
hashas
right
right
to to
sellsell thoughthough nothingnothing hashasbeenbeen saidsaidin the
in the contract
contract prior
prior
right rightof of
salesale thing
thing sold soldhadhad at the
at the time time of of thethe eviction,
eviction,
b. b.
Warranty
Warrantyagainst on Art.
against Art. on
the the
subject.
1548.
1548. subject.
Eviction
Eviction shall
shall
take takeplaceplacewhenever
wheneverAccording 4. 4.
seller
seller
According hasto
to hasbeenbeen
Articles summoned
Articles summoned
1548-49,andand Note
1548-49, Note be (s)
(s) be
it greater
it greater or orlesslessthan than thethe priceprice of of thethe
eviction
eviction by by
a final
a final judgment
judgment based
based on ona right
a right prior priorto to 1557-58, made
made
1557-58,theco-defendant
the co-defendant
requisites
requisites in the
are:are:in the
suitsuit
at at sale;
sale;
Thethe
theThecontracting
sale contracting
sale
or or an an actparties,
act parties,
imputable however,
imputable however,
to tothethemay may
vendor,
vendor, thethe 1. 1. thebuyer
the
buyerinstance
isinstance of of
deprived theof,
is deprived the
buyer
of,buyer
or or
evicted
evicted Art.Art. (2)1555.
1555. (2)
The The
When income
When income
thethe orwarranty
or
fruits,
warranty fruits, if has
has he
ifbeen
he
has
beenhas been
agreed been
agreed
increase,
increase,
vendee
vendee isdiminish,
isdiminish,
deprived
deprived or
of or
suppress
thesuppress
of the
wholewholethis
orthis
legal
or
of alegal
of part
a part from
from thethe whole
whole or or
partpart
of of
thethe upon upon ordered
or ordered
or
nothing to to
nothing deliver
hasdeliver
hasbeen them
been them to to
stipulated thethe
stipulated party
onparty
onthis who
thiswho
obligation
of obligation
of
thethething ofpurchased.
thing of
the the
vendor.
vendor.
purchased. (1475a)
(1475a) seesee
Articles
Articles
thing
thing 1548-49,
bought;1548-49,
bought; 1557-58
1557-58 point, won
point,in won
inthe
case casethe
suit suit
eviction against
eviction against
occurs, him;
occurs, him;
thethe vendeevendee shallshall
2. 2.
eviction
eviction is by
is by
final
final
judgment
judgment havehave (3)the
the (3)
The
right Thecosts
righttocosts
to of
demand of
thethe
demand suitof
of suit
thewhich
thewhich
vendor: caused
vendor: caused thethe
Art.
TheArt.
The1553.
1553.
vendor
vendor Any Any
shall stipulation
shallstipulation
answer
answer exempting
forfortheexempting
the
eviction
eviction the the
eveneven 3. 3. basis
basis
thereof
thereof is by
is by
virtue
virtue
of of
a a eviction,
(1) eviction,
(1)
TheThe and,
return and,
inofainof
return proper
theatheproper
value case,
value case,
which those
which those
thethe of of
vendor
vendor
though
though from
nothingfrom thehas
nothing the
obligation
hasobligation
beenbeen to
saidsaidin to
answer
in answer
the the
contract forfor
contract prior
prior
right rightof of
salesale thething
the
thing suitsuit
soldbrought
soldbrought
had hadatagainst
atagainst
the the
time theof
time the
vendor
of
thevendor
the forfor
eviction, thethe
eviction,
eviction
on eviction
on
thethe shall
subject. shall
subject. bebe void,
void,if heif heactedacted in in bad bad 4. 4.
seller
seller
hashas beenbeensummoned
summoned andand warranty;
be warranty;
be
it greater
it greater or orlesslessthan than thethe priceprice of of thethe
faith.
faith.(1476)
(1476) made
made co-defendant
co-defendant in the
in the
suitsuit
at at (4)sale;
(4)
sale; TheThe expenses
expenses of of thethe contract,
contract, if the if the
TheThecontracting
contracting parties,
parties,
however,
however, may may thethe
instance
instance of of
thethebuyer
buyer vendee
(2) vendee
(2)
TheThe has has
income paid
incomepaidthem;
or them;
or
fruits,
fruits, if heif hehashas been been
Art.
Art.
1554.
increase, 1554.
increase, Ifdiminish,
the
diminish,If the vendee
orvendee
or hashas
suppress
suppress renounced
renounced
this this
legal legalthethe (5)ordered
(5)
TheThe
ordered damages
to damages
to
deliver
deliverand and
them interests,
them interests,
to tothethe andparty
partyandwho who
right
rightto to
obligation
obligationwarranty
warranty
of of
thethe invendor.
in
case
vendor. case of(1475a)
(1475a)of
eviction,
eviction, and and seesee Articles
Articles1548-49,
1548-49, 1557-58
1557-58 ornamental
won ornamental
won thethe expenses,
suitsuit expenses,
against
against ifhim;
him; the
if thesalesalewaswas mademade
eviction
eviction should
should taketakeplace,
place, thethe vendor
vendor in bad
(3) inThe
(3) badfaith.
The faith.
costs (1478)
costsof(1478)
of
thethe suitsuit whichwhich caused
caused thethe
shall
shall
Art.
Art.only
1553. only
1553. pay
Any pay
Any the the
value
stipulationvalue
stipulation which
which
exemptingthethe
exempting thing thing
thethe eviction,
eviction, and, and,
in ainproper
a proper case,case,thosethose of of
sold
sold
vendor had
vendor had
fromatfrom
the
atthe the
time
the timeof of
obligationthethe
obligation eviction.
toeviction.
to
answer
answer forfor Art.Art.
1556.
1556.
the the Should
suit Should
suit
brought thethe
brought vendee
vendee
against
against lose,
thelose,
the byvendor
vendor by
reasonreason
forfor of the
the of
Should
Should
eviction
eviction the the
shallvendee
shall vendee
be be have
void, have
void,if made
if made
he he
acted thethe
acted inwaiver
inwaiver
bad bad thetheeviction,
eviction,
warranty;
warranty;a part
a partof ofthethe thingthing sold soldof of such such
with
with
faith. knowledge
faith. knowledge
(1476) of of
(1476) thetherisksrisks of of
eviction
eviction importance,
importance,
(4)(4)TheTheinexpenses
relation
inexpenses
relation to
of tothe
of the whole,
whole,
contract, that
contract, ifthathe
the he
if the
andandassumed
assumed its its
consequences,
consequences, thethe would
would not
vendee not
have
vendee have
has bought
has bought
paidpaid itthem;
them; without
it without saidsaid part, part,
he he
vendor
vendor
Art.
Art.
1554. shall
1554. shall
If not
the
If not
thebevendee
be
vendeeliable.
liable. (1477)
hashas (1477)
renounced
renounced thethe may maydemand
(5)demand
(5)
TheThe the the
rescission
damages rescission
damages andand of interests,
of
thethe
interests, contract;
contract;
andand butbut
right
rightto towarranty
warranty in in
casecase of ofeviction,
eviction, and and withwith
the the
obligation
ornamentalobligation
ornamental toexpenses,
to
return
expenses, returnifthe ifthe
the thing
the
salething
salewithout
was without
was mademade
eviction
eviction should
should taketakeplace,
place, thethe vendor
vendor other
otherencumbrances
in encumbrances
bad
in badfaith.
faith. that
(1478) that
(1478) those those whichwhich it had it had
shall
shall
only only paypay thethevaluevalue which
which thethe thing thing whenwhen he heacquired
acquired it. it.
sold
soldhad had at the
at the timetimeof of
thethe eviction.
eviction. HeArt.
Art.Hemay may
1556. exercise
1556. exercise
Should
Should thisthis
the right
the right
vendee of of
vendee action,
lose,action,
lose,byinstead
by instead
reasonreason of
ofofof
Should
Should thethe vendeevendee havehave mademade thethe waiverwaiver enforcing
the enforcing
the
eviction, thethe
eviction, avendor's
avendor's
part part
of of liability
the liability
the
thingthingfor
soldfor
eviction.
soldofeviction.
of
such such
with
withknowledge
knowledge of of
thetherisksrisks of of
eviction
eviction Theimportance,
Thesame
importance,same rule rule
in shall
in shall
relation be be
relation observed
to observed
to
thethe whole,when
whole,when
thattwo
that two
heorheor
andandassumed
assumed its its
consequences,
consequences, thethe moremore
would
wouldthings
things
not not have
have have
have been
bought been
bought jointly
jointly
it without sold
it without sold forsaid
said for
apart,
lump
apart,
lump
he he
vendor
vendor shall shall notnot bebe liable.
liable. (1477)
(1477) sum,
may sum,
may ordemand
demandor
forfor a the
separate
a the
separate price
rescission price
rescission forof
of for
theeach each
the of
contract; of
them,
contract; them,
butifbutif
it should
withit should
with
thethe clearly
clearly
obligation appear
obligation appear
to to that
return that
returnthe
thethevendee
the vendee
thing thing would
without would
without
notother
not
other havehave purchased
purchased
encumbrances
encumbrances one
thatonewithout
that without
those those the
which the
whichother.
itother.
had
it had
(1479a
when(1479a
when he heacquired
acquired it. it.
 TheThe
contracting
contracting parties,
parties,
however,
however, may may thethe
instance
instance
of of
thethe
buyer
buyer vendee
(2) vendee
(2)
TheThe has
incomehaspaid
income paidthem;
or orthem;
fruits, fruits, if heif he
hashas been been
Art.
Art.
1554.
increase,1554.
increase, Ifdiminish,
the
If the
diminish, vendee
orvendee
or hashas
suppress
suppressrenounced
renounced
this this legalthethe
legal (5)ordered
(5)
orderedTheThe damages
to damages
to
deliver
deliver and themand interests,
them interests,
to tothethe andparty
party andwho who
right
right
to to
obligation warranty
obligationofwarranty
of
thethe invendor.
in
case
vendor. caseof(1475a)
(1475a)of
eviction,
eviction, andand seesee
Articles
Articles
1548-49,
1548-49,
1557-58
1557-58 ornamental
won ornamental
won thethe suitsuitexpenses,
expenses,
against
against him; ifhim;
the
if thesalesalewaswas mademade
eviction
evictionshould
should taketakeplace,
place,thethe vendor
vendor in bad
(3) inThe
(3) bad faith.
The faith.
costs costs(1478)
of(1478)
of
thethe suitsuit whichwhich causedcaused thethe
shall
shall
Art.
Art.only
1553.only
1553.pay
Any pay
Anythe the
value
stipulationvalue
stipulation which
which
exemptingthethe
exempting thing
thing
thethe eviction,
eviction, and, and,in ainproper a proper case,case,
those those of of
sold
sold
vendorhad
vendorhadatfrom
from the
atthe
the
time
the timeof of
obligationthethe
obligation eviction.
toeviction.
to
answer
answer forfor Art.Art.
1556.
the1556.
the Should
suit Should
suitbrought thethe
brought vendee vendee
againstagainst lose,
thelose,
the byvendor
vendor by
reason reason
forfor of the
the of
Should
Should
eviction the
eviction the
shallvendee
vendee
shall
be be have
void, have
void,if made
if made
he he
actedthethe
actedinwaiver
waiver
in
badbad thetheeviction,
eviction,
warranty;
warranty; a part a part of of thethe thing thing sold sold
of of such such
with
with
faith.knowledge
faith. knowledge
(1476) of of
(1476) thetherisks
risksof of
eviction
eviction importance,
importance,
(4)(4) TheThe inexpenses
relation
inexpenses
relation to
of to the
of the whole,
whole,
contract, that
contract, ifthathe
the he
if the
andand
assumed
assumed its its
consequences,
consequences, thethe would
would not
vendee nothave
vendee have
has bought
has bought
paid paidthem;itthem;
without
it without saidsaid part, part,
he he
vendor
vendor
Art.
Art.
1554.shall
shall
1554.
If not
the
If not
thebevendee
be
vendeeliable.
liable.(1477)
hashas (1477)
renounced
renounced thethe may maydemand
(5)demand
(5)
TheThe the the
damages rescission
damages rescission
andand of interests,
of
thethe
interests, contract;
contract;
andand butbut
right
right
to to
warranty
warranty in in
casecaseof ofeviction,
eviction, andand withwiththe the
obligation
ornamental obligation
ornamental toexpenses,
expenses,to
return return iftheifthe
the thing
the thing
salesale without
was without
was mademade
eviction
evictionshould
should taketakeplace,
place,thethe vendor
vendor other
otherencumbrances
in encumbrances
bad
in bad faith. faith. that
(1478)
(1478) that those those whichwhich it had it had
shall
shall
only
onlypaypaythethevaluevaluewhich
which thethething
thing whenwhen he heacquired
acquired it. it.
sold
sold
hadhadat the
at thetimetimeof of
thethe eviction.
eviction. HeArt.
Art.Hemay may
1556. exercise
1556. exercise
ShouldShould this this
the right
the right
vendee of of
vendee action,
lose,action,
lose,byinstead
by instead
reason reason of
ofofof
Should
Should thethevendee
vendee havehavemademade thethewaiver
waiver enforcing
the enforcing
the
eviction, thethe
eviction, avendor's
avendor's
part partof of theliability
theliability
thing thingfor
soldfor
eviction.
sold
ofeviction.
of
such such
with
with
knowledge
knowledge of of
thetherisks
risksof of
eviction
eviction Theimportance,
Thesame
importance, same rule inruleshall
in shall
relation be be
relation observed
to observed
to
thethe whole,when
whole,when
thattwo
that two
heorheor
andand
assumed
assumed its its
consequences,
consequences, thethe moremore
would
wouldthings
notthings
nothavehave
havehave been
bought been
bought jointly jointly
it without sold
it without soldforsaid
said for
apart,
lump
apart,
lump
he he
vendor
vendor shall
shallnotnotbebe liable.
liable.(1477)
(1477) sum,
may sum,
may ordemand
demand or
forfor a the
separate
a the
separate
rescission price
rescission price offoroffor
each
the each
the of
contract; of
them,
contract; them,
butifbutif
it should
withit should
withthethe clearly
clearly
obligation
obligation appearappear
to to that
return that
return the
thethevendee
the vendee
thingthing would
without would
without
notother
not
other have have purchased
encumbrances purchased
encumbrances one
that one without
that without
those those the
which the
other.
which itother.
had
it had
(1479a
when(1479a
when he heacquired
acquired it. it.
c. Warranty
c. Warranty
against
against Art.Art.
613. 613.AnAn easement
easement or orservitude
servitude is an
is an According
According to to
Art.Art.
1560,
1560,thethe following He
following Art.Hemay
Art. may
1560. exercise
1560. Ifexercise
the
If the thisimmovable
this
immovableright right ofsoldof
action,
action,
sold
shouldinstead
should instead
be be of of
non-apparent
non-apparent encumbrance
encumbrance imposed
imposed upon upon an an immovable
immovable requisites requisites
mustmust
be bepresent:
present: enforcing
enforcing
encumbered
encumbered thethe vendor's
with vendor's
with anyany liability
liability
non-apparent
non-apparent forforeviction.
eviction.
burdenburden or or
servitudes
servitudes forfor
thethebenefit
benefit of ofanother
another immovable
immovable 1) 1)
thethe
immovable
immovable soldsold
is is The Thesame
servitude, same
servitude, rulenot
not ruleshall shall
mentioned be be
mentioned observed
observed
in the in the when when
agreement, twotwo
agreement, or
of or
of
belonging
belonging to to
a different
a different owner.
owner. encumbered
encumbered withwith
anyanynon-non- more
suchmore
suchathings
athings
nature
nature have have
that been
that been
it must jointly
it must jointly
be besold sold
presumed forfor
presumed athatlump
athat
lump
thethe
TheTheimmovable
immovable in favor
in favor of ofwhich which thethe apparent
apparent burden
burden or or
servitude
servitude notnotsum, sum,
vendee or would
vendee or
forwould
fora separate
a separate
not not have price
have price
acquired forfor
acquired each
iteach
itofhad
had of
them,
he them,
he
been if if
been
easement
easement is established
is established is called
is called thethe dominant
dominant mentioned
mentioned in the
in the agreement; it
agreement; should
it
aware should
aware clearly
thereof, clearly
thereof, heappear
he appear
may may askthatask that
for the
for the
the vendee
the vendee
rescission would
rescission would
of of
estate;
estate;thatthatwhichwhich is subject
is subject thereto,
thereto, thethe 2) 2)
thethe
nature
natureof of
suchsuch non-apparentnot
non-apparent thenothave
the have
contract, purchased
contract, purchased
unlessunless onehe
he one without
should without
should the
prefer the
preferother.
theother.
the
servient
servient estate.
estate.
(530) (530) burden
burden or or
servitude
servitude is such
is suchthatthat (1479a
(1479a
appropriate
appropriate indemnity.
indemnity. Neither Neither rightrightcancan be be
c. Warranty
c. Warranty
against 614.
against Art.Art.
613. 614.
613.Servitudes
An Servitudes
An
easement
easement may may
or also
or alsobe be
servitude established
servitude established
is an
is an it must
Accordingit must
According to be
to be
Art.presumed
Art.presumed
1560,
1560,thethat
the that
thethe Art.
following
following exercised
exercised
Art.
1560.1560.ifIfthe
ifthe
Ifthe non-apparent
the non-apparent
immovable
immovable burden
sold burden
sold
should or or
should be be
non-apparent
non-apparent forencumbrance
for
thethe
encumbrancebenefit
benefit ofimposed
imposedof
a community,
a community,
upon upon an an or immovable
or
of of
immovable oneone or or requisites
buyer
buyer
requisites would
must would
must
be benotpresent:
not
have
present: haveacquired servitude
servitude
acquired encumbered
encumbered is recorded
iswith
recorded
with anyany innon-apparent
the
innon-apparent
theRegistry
Registry of burden
burden of or or
servitudes
servitudes more
formore
thepersons
for the persons
benefit
benefitto
ofto
whom
of whom
another theimmovable
another the
encumbered
encumbered
immovable 1) 1) property
thethe property
immovable
immovablehadsold
had
he he
been
is been
sold is aware Property,
Property,
aware servitude,
servitude, unless
notunless
not there
mentioned there
mentioned is an isinan express
inexpress
the the warranty
agreement, warranty
agreement, of of
estate
estate
belongingdoes
belonging does
tonot
anot
to belong.
belong.
different
a different (531)(531)
owner.
owner. of encumbered
of
it. it.
encumbered withwith
anyanynon-non- thatsuch
suchthat
the the
athing
a nature thing
nature is free
that is itfree
that from
must
it mustfrom all be
be all
burdens
burdens
presumed
presumed and thatandthat
thethe
Art.The
TheArt.
615. 615.
immovableEasements
immovableEasements inmay
in favor may
favor beof
of be
continuous
which continuous
which thethe or or apparent
apparent burden
burden or or
servitude
servitude encumbrances.
encumbrances.
notnotvendee
vendee wouldwould notnot havehave acquired
acquired it had
it had he he been been
discontinuous,
discontinuous,
easement
easement apparent
apparent
is established
is established isorcalled
isor
nonapparent.
nonapparent.
called thethe dominant
dominant mentioned
mentioned in the
in the
agreement;
agreement; aware Within
Within
aware one
thereof,one year,
thereof, year,
heto he
may to
be
may be
computed
ask computed
ask forfor thethe fromfrom
rescission thetheof of
rescission
Continuous
Continuous
estate;
estate;thatthat easements
which easements
which areare
is subject
is subject those those
thereto, thethe
thereto, usethe
the use
of of 2) 2)
thethe
nature
natureof of
suchsuchnon-apparent
non-apparentthe execution
execution
the
contract, of of
contract, the
unlessthe
deed,
unless deed,
he he the
shouldthevendee
should vendee
prefer may
prefer may
thebring
thebring thethe
which
which
servient is estate.
servient or
is estate.
or
may maybe(530)
(530) be
incessant,
incessant, without
without thethe burden
burden or or
servitude
servitude is such
is such action
action
thatthat appropriateforfor
appropriate rescission,
rescission,
indemnity.
indemnity. orNeither
or
sue sueforfor
Neither damages.
rightdamages.
rightcancan be be
intervention
intervention
Art.
Art.
614. 614. of of
Servitudesanyany
Servitudes act
mayact
ofalso
may of
man. man.
alsobe be established
established it must
it must be be
presumed
presumed thatthat One
thethe exercisedOne year
exercisedyear
having
if thehaving
if the elapsed,
elapsed,
non-apparent
non-apparent he he may may
burden only
burden onlybring
or bring
or an an
Discontinuous
forDiscontinuous
for
thethebenefit
benefit easements
of aeasements
of community, areare
a community, thosethose
or ofwhich
or ofwhich
one oneareor
or are buyer
buyerwouldwouldnotnothavehaveacquired action
action
acquired servitude forfor
servitude isdamages
isdamages
recorded
recorded within
inwithin
in an
the the an
equal
Registry equal
Registry period,
ofperiod,
of to to be be
used
used
more
moreatpersons
intervals
atpersons
intervals
to and
to
whom anddepend
whom depend
thethe upon upon
encumbered thethe
encumbered actsacts
of of thethe
property
property hadhadhe hebeenbeen aware counted
counted
aware Property,
Property, from from
unless thethere
unless the
date date
there isonan ison
which
an which
express he he
express discovered
discovered
warranty
warranty
man.
man.
estate
estatedoes does notnotbelong.
belong. (531)(531) of of
it. it. thethat
thatthe
burden
theburden
the
thing or is
thing or
servitude.
isservitude.
free free
from (1483a)
from all(1483a)
all
burdens
burdens andand
Apparent
Apparent
Art.
Art.
615. 615. easements
easements
Easements
Easements aremay
may are
those
bethose
be which
continuouswhich
continuous areare
or or encumbrances.
encumbrances.
made
made known
discontinuous,known
discontinuous, and andare
apparent are
apparentcontinually
continually
or or kept
nonapparent. kept
nonapparent. in view
in view Within
Within oneone year, year, to to be be computed
computed fromfrom thethe
by Continuous
by
external
external
Continuous signs
signsthatthat
easements
easements reveal
arereveal
are the
those the
thoseuse
theuseand
the
useand
use
of of execution
execution of of thethe deed, deed, thethe vendeevendee may may bring bring thethe
enjoyment
enjoyment
which
which is oris of
or
mayof
the
maythe
be same.
be same.
incessant,
incessant, without
without thethe action
action forfor rescission,
rescission, or or suesue forfor damages.
damages.
Nonapparent
Nonapparent
intervention
intervention ofeasements
ofeasements
any anyactactofareof
man.are
those
man. those which
which One One year year
having having elapsed,
elapsed, he he may may onlyonlybring bring an an
show
show no no
Discontinuous external
Discontinuous external indication
easements indication
easements areofare of
their
those their
those which
which areare action
action forfor damagesdamages withinwithin an an equalequal period,
period, to to
be be
existence.
existence.
used
used at (532)
at intervals (532)
intervals andand depend
depend upon upon thetheactsacts
of of counted
counted from from thethe date date on on which which he he discovered
discovered
d. d.
Warranty
Warrantyagainst man.
man.
against Art.
Art.
1561.1561. TheThe vendorvendor shallshallbe be responsible
responsible forforthethe
requisites
requisitesare:are: theFurthermore:
the
burden
burden
Furthermore: or or servitude.
servitude. (1483a)(1483a)
hidden
hidden
defects Apparent
Apparent
defects warranty
warranty easements
easements
against
against thethe arehidden
are
hidden thosethose which
defects which
defects are
which arethethe 1) 1)
which Defect
Defect must
mustbe behidden
hidden
made
made
thing
thingknown
sold known
soldmay and
may and
have,are
have,are
continually
continually
should
should they theykept kept
render in itview
render in itview 2) 2) must
mustexistexist
at the
at the
timetime
of ofthethe
salesaleArt.Art.
1568.1568. If theIf the thing thing sold sold shouldshould be belostlost in in
by by
external
unfit
unfitexternal
for thesigns
for the signs
use usethat
for that
for reveal
which reveal
which itthe
isitthe
use use
intended,
is andandor or
intended, 3) 3)
ordinarily
ordinarily excluded
excluded formform thethe consequence
consequence of of thethe hidden hidden faults,
faults, andand thethe
enjoyment
enjoyment
should
should they ofdiminish
they of
the thesame.
diminish same.
its its
fitness
fitness forfor suchsuchuseuse contract
contract vendor
vendor waswas aware aware of ofthem, them, he he shallshall
bear bear thethe
Nonapparent
to Nonapparent
to
suchsuch an an easements
extent easements
extent that, that,
had are
had are
those
the those
the
vendee which
vendeewhich
been been 4) 4)
must
mustbe beimportant
important (render
(render thethe loss, loss,
andand shall shall be be obliged
obliged to to returnreturn thethe price priceandand
show
show
aware
awareno no
external
thereof, external
thereof, he heindication
would indication
would notnot of
have of
their
havetheir
acquired
acquired it it thing
thingunfit
unfit
or or
considerably
considerably refund
refund thethe expenses
expenses of of thethe contract,
contract, with with
existence.
existence.
or or
would
would (532)
have (532)
havegivengiven a lower
a lower price price forforit; but
it; but decreases
decreases fitness
fitness damages.
damages. If he If he waswas notnot aware aware of ofthem,them, he he shallshall
d. d.
Warranty
Warranty
against saidArt.
against Art. said
vendor
vendor
1561.
1561. The shall
Theshall
not
vendor not
vendorbeshall
be
answerable
answerable
shall
be be forfor
responsible patent
responsible patent 5)requisites
forforthethe 5)
action
action
requisites instituted
instituted
are: are: with withthethe statute
statuteFurthermore:
only
onlyreturn
return
Furthermore: thetheprice
price andand interest
interest thereon,
thereon, andand
hidden
hidden
defects defects
defects warrantydefects
warrantyoragainst
or
thosethose
against which
thewhich
the may
hidden may
hidden be
defectsbe
visible,
visible,
defects whichor or
which for
the for
the 1) 1) of Defect
of
limitations
Defect limitations
must must be(prescriptive
be(prescriptive
hidden
hidden reimburse
reimburse thetheexpenses
expenses of ofthethe contract
contract which
which
those
those
thing
thingwhich
sold which
sold
may are
may are
not
have, not
visible
have, visible
should
shouldifthey
the
ifthey
the
vendeevendee
render
render itis an
itis an 2) 2) period)
mustperiod)
must existexistat the
at the time timeof ofthethe theArt.
salesaleArt.the
vendee
vendee
1568.1568. Ifmight
Ifmight
the the have
thing have
thing paid.
sold paid.
sold (1487a)
should (1487a)
should be be lostlost
in in
expert
expert
unfit
unfit
forwho,
forwho,
the by
useby
the reason
use
forreason
for of
which of
hisithis
which trade trade or or or or
isit intended,
is intended, 3) 3) i. Art.
ordinarily i. Art.
ordinarily 1571.
1571.
excluded Actions
excluded Actions
form formarising
thearising
the consequence
consequence of of
thethe hidden
hidden faults,
faults,andand thethe
profession,
profession,
should
should they theyshould
should
diminish have
diminish have
its known
its known
fitness
fitness them.
for them.
for
such (1484a)
such (1484a)
use use contract from
contract from thethe provisions
provisions of of Art.vendor
Art.
thethevendor 1569.1569.
waswasIfaware
the
Ifaware
the
thing
ofthing
ofsold
them, sold
them, had
hehad he any
shall any
hidden
shall
bear hidden
bearthefault
thefault
to to
suchsuchan an extent
extent that,
that,
hadhad thethe vendee
vendee been been 4) 4) mustmust preceding
be preceding
be
important
important tenten articles
articles
(render
(render shall
the the at the
at and
shall loss, the
loss, time time
and
shallof of
the
bethe
shall sale,
be sale,
obliged andand
obliged toshould
to should
returnreturn thereafter
thethereafter
the
price
pricebeand
and be
Art.aware
Art.
aware 1566.
1566. TheThe
thereof,
thereof, vendor
he vendor
he
would is not
would responsible
is not
responsible
have have to to
acquired thethe
acquired it it thing
thing be unfit
unfit be
barredbarred
or or after after
considerably sixsix
considerably months, lostrefund
months,refund lost
by byathefortuitous
athefortuitous
expenses
expenses event
ofevent
theor
of the or
through
contract,through
contract, thewith
with the
fault
fault
of of
vendee
or vendee
or
would forhave
would for
any any
have hidden
givenhidden
given faults
a lower faults
a lower or price
price or
defects
defects
for it;inbut
for it;the
inbut the decreases from
decreases from the
fitness the
delivery
fitness delivery of of thedamages.
thethe damages.the
vendee,
vendee,If theIf the
he latter
he
was latter
wasnot may
notmay
awaredemand
aware demand
of of of
them, of
the
them, hethe
he
shall
shall
thing
saidthing
said sold,
vendor sold,
vendor even even
shall though
shall though
not not he
be be he
waswas
answerable
answerablenotnot aware
foraware
for
patentpatent 5) 5) action
action thingthing sold.
instituted sold.
instituted (1490)
with (1490)
withthethe vendor
statuteonly
statute vendor
onlyreturnthethe
return price
theprice
the which
price which
price andhe
and he
paid,paid,
interest
interest less less
thethe
thereon, value
thereon, value
and and
thereof.
thereof.
defects
defects or orthosethose which
which may may be be visible,
visible, or or forfor of of
limitations
limitations (prescriptive
(prescriptive which
which
reimburse thethe
reimburse thing
thething
the had
expenseshadwhen
expenses when
of itof
the was
itthewaslost.
contract lost.which
contract which
ThisThis
those provision
those provision
whichwhich areshall
areshall
not not
not not
apply
visible
visibleapply ifif the
if the the
ifvendee
the
contrary
contrary
vendee is an is anNoteNote (s) (s)
period)
period) If the
theIfvendee
the the
vendor
vendeevendor acted
might acted
might inhave
have bad
inpaid.
badfaith,
paid. faith,
(1487a) he he
(1487a) shallshall
paypay
hasexpert
has
expertbeenbeen
who,stipulated,
who,stipulated,
by by reason andof
reason andthe
histhe
of vendor
his
tradevendor
trade orwas
orwas notnot a. According
a. According
i. Art.
i. Art. to1571.
1571. to
Art.Actions
Art.1567,1567,
Actions in the
in
arising the damages
arising damages to to thethevendee.
vendee. (1488a)
(1488a)
aware
aware of of
profession,
profession,theshould
the
hidden
hidden
should faults
have faults
have or
known or
knowndefects
defects
them. in(1484a)
them. the
in(1484a)
the cases
cases of
from of
Articles
from Articles
thethe 1561,1561,
provisions
provisions1562,
1562,
of ofthetheArt.Art.1569.1569. If the
If thething
thing sold sold
hadhad anyany hidden
hidden fault
fault
thing
thingsold.sold.(1485)
(1485) 1564,
1564, 1565 1565
preceding andand
preceding 1566,
ten1566,
ten the
articlesthe
vendee
articles vendee
shall at the
shall at thetime time of ofthethe
sale, sale,
andand shouldshould thereafter
thereafter be be
Art.Art.
1566.
1566. TheThe vendor
vendor is responsible
is responsible to to thethe may may elect
beelect
be between:
barred between:
barred after after
sixsix months,lostlost
months, by bya fortuitous
a fortuitous event event or or through
through thethefault
fault
of of
vendee
vendee forfor anyany hidden
hidden faults
faultsor or defects
defects in thein the i. from
withdrawing
i. from
withdrawing
thethe from
delivery from
delivery theof
of thethe thethe
the vendee,
vendee, thethelatter
latter
may may demanddemand of ofthethe
thing
thingsold,sold,even eventhough
though he hewaswas notnot aware
aware contract
thingcontract
thing sold. (accion
sold. (accion
(1490)(1490) vendor
vendor thethe price
price
whichwhich he he paid,paid, lessless
thethe value
value
thereof.
thereof. redhibitoria);
redhibitoria); andand which
which thethe thing
thinghadhad when when it was
it was lost.lost.
ThisThisprovision
provision shall
shall
notnotapplyapply if the
if the contrary
contrary Note Note ii. ii.
(s) (s) demanding
demanding a proportionate
a proportionateIf the If thevendorvendor acted
acted in bad
in bad faith,
faith, he he shallshall
paypay
hashasbeenbeen stipulated,
stipulated, andand thethe vendorvendor waswas notnot a. According reduction
a. According reduction
to toArt.of
Art. of
the1567,
1567, the
price
inprice
in the damages
the damages to to thethevendee.
vendee. (1488a)
(1488a)
aware
aware of ofthethe hidden
hidden faults
faultsor or defects
defects in the
in the cases
cases (accion
of (accion
of
Articles quanti
Articles quanti
1561,1561,minoris)
minoris)
1562,
1562,
thing
thingsold.sold.(1485)
(1485) withwith
1564,
1564,damages
1565damages
1565 andinand either
in1566,
1566, either case.
the thecase.
vendee
vendee
(1486a)
may (1486a)
may electelectbetween:
between:
i. withdrawing
i. withdrawing from from thethe
contract
contract (accion
(accion
redhibitoria);
redhibitoria); andand
ii. ii.
demanding
demanding a proportionate
a proportionate
C. C.
Other
Other
Warranties
Warranties reduction
reduction of of thethe priceprice
a. Hidden
a. Hidden
defects
defects
in in Art.Art.
1576.
1576. If theIf the
hidden
hidden defect
defect of of animals,
animals, SaleSale of of a (accion
a Team Team (accion quanti
quanti minoris)
minoris) Art.Art. 1573. 1573. TheThe provisions
provisions of of thethe preceding
preceding
Animals
Animals evenevenin case
in case a professional
a professional inspection
inspection hashas withwith damages
damages in either
in either case.case. article
article with withrespect
respect to tothethe salesale of ofanimals
animals shall
shall
beenbeenmade,made, should
should be be
of ofsuch such a nature
a nature thatthat Art.Art. (1486a)
1572. (1486a)
1572. If two
If two or ormore more animals
animals areare in like in like mannermanner be beapplicable
applicable to tothethe salesale
of of
expert
expert knowledge
knowledge is not
is notsufficient
sufficient to to discoversold
discover sold together,
together, whether
whether forfor a lump
a lump sum sum other other things.
things.(1492)
(1492)
it, the
it, the
defect
defect shallshall
be be
considered
considered as as or or
forfor a separate
a separate priceprice forfor each eachof of
redhibitory.
redhibitory. them,
them, thethe redhibitory
redhibitory defectdefect of ofoneone
shall
shallonly onlygive giveriserise
to to its its
redhibition,
redhibition, Art.Art.
1574. 1574. There
There is no is nowarranty
warranty against
against
C. C.
Other
Other
Warranties
Warranties ButBut if the
if the veterinarian,
veterinarian, through
through ignorance
ignoranceandand notnot thatthat of of thetheothers;
others; unless
unless it it hidden
hidden defects
defects of ofanimals
animals sold soldat fairs
at fairsor or
at at
a. Hidden
a. Hidden
defects
defects or Art.
in in Art.or
bad bad
1576.faith
1576. faithshould
If the should
If the
hidden failfail
hidden todefect
defect to
discover
discover
of of or or
animals,
animals, should
should
Sale
Saleof ofappear
appear
a Team
a Team thatthat thethe vendee
vendee wouldwould Art. public
public
Art.
1573.auctions,
1573.auctions,
TheThe orprovisions
or
of of
provisions livelivestock
of stock
of sold
thethe sold
as as
preceding
preceding
Animals
Animals disclose
evendisclose
even init,case
in case it,
he he
ashall
shall
a professionalbebe
professionalliable
liable forfor
inspection
inspectiondamages.
damages.
hashas notnot have havepurchased
purchased thethe soundsound animal condemned.
animal article condemned.
article with with (1493a)
(1493a)
respect
respect to tothethe salesale of ofanimals
animals shall
shall
(1495)
been(1495)
beenmade,made, should
should be be
of ofsuch such a nature
a nature thatthat Art. or Art.
or
animals
animals
1572.1572. without
If without
two
If twoortheor
morethe
defective
more defective
animals
animalsone.one.
are are in Art.Art.
1575.
like
in 1575.
like
manner TheThe
manner salebe
be sale
ofapplicable
of
animals
applicable animals tosuffering
thesuffering
to the from
salesale
of from
of
expert
expert knowledge
knowledge is not
is notsufficient
sufficient to to discoversold
discover Thesold
The latter
latter
together, case
together, case
shall
whethershall
be be
whether presumed
for presumed
for
a lump
a lump when
sumwhen contagious
sum other contagious
other things. diseases
things. diseases
(1492)
(1492) shallshallbe be void.void.
it, the
it, the
defect
defect shallshall
be be
considered
considered as as a team,
or afor
or team,
a yoke
for a yoke
separate pair,
separate pair,
orprice
price or
setfor
set
isforbought,
is each
each bought,
of of A contract
A contract of of
salesaleof ofanimals
animals shallshall
alsoalsobe be
redhibitory.
redhibitory. even
even
them,
them, ifthe
aifthe
separate
aredhibitory
separate price
redhibitory price has
defect has
been
defect ofbeen
of
one fixed void
fixed
one void if theif the
useuse or orservice
service forfor whichwhich theytheyareare
forshall
for
shalleach each
only one
only one
give ofrise
give of
the the
toanimals
rise toanimals
its its composing
composing Art.
redhibition,
redhibition, acquired
acquired
Art.
1574. 1574.has has
been
There been
There isstated
isstated
no no in
warranty the
in the
warranty contract,
contract,
againstandand
against
ButBut if the
if the veterinarian,
veterinarian, through
through ignorance
ignoranceand theand
the
same.
notsame.
not (1491)
that that(1491)
of of thetheothers;
others; unless
unless it it theythey
hidden aredefects
hidden arefound
found
defects to
of tobe
of be
unfit
animals unfit
animals therefor.
sold therefor.
sold at (1494a)
at fairs (1494a)
fairs
or or
at at
or or
bad bad faithfaithshould
should failfail
to todiscover
discover or or should
should appear
appear thatthat thethe vendee
vendee wouldwould public public auctions,
auctions, or orof of livelivestock stock sold sold
as as
disclose
disclose it, it,
hehe shall
shall
bebe liable
liable forfor damages.
damages.not Art.not
Art.1577.
have 1577.
have The The
purchased redhibitory
purchased redhibitory
thethe soundaction,
soundaction, Art.condemned.
animal condemned.
animal Art.
1579. 1579. If (1493a)
the
If (1493a)
the
salesalebe be rescinded,
rescinded, thetheanimal
animal
 redhibitoria);
redhibitoria); andand
ii. ii.
demanding
demanding a proportionate
a proportionate
C. C.
Other
Other
Warranties
Warranties reduction
reduction of of thethe price
price
a. Hidden
a. Hidden
defects
defects
in in Art.Art.
1576.
1576.If the
If the
hidden
hiddendefect
defect
of of
animals,
animals, SaleSale of of a (accion
a Team Team (accion quantiquanti minoris)
minoris) Art.Art.
1573.
1573.
TheThe
provisions
provisions
of of
thethe
preceding
preceding
Animals
Animals evenevenin case
in casea professional
a professional inspection
inspectionhashas with with damages
damages in either
in either case.
case. article
article
with
with
respect
respect
to to
thethe
salesale
of of
animals
animalsshall
shall
beenbeenmade,
made, should
shouldbe be
of of
such
such
a nature
a nature
thatthat Art.Art. (1486a)
1572. (1486a)
1572. If two
If two or ormore more animals
animals areare in like
in like
manner
mannerbe be
applicable
applicable
to to
thethe
salesale
of of
expert
expertknowledge
knowledge is not
is not
sufficient
sufficient
to to
discover
discoversold sold together,
together, whether
whether forfor a lump
a lump sum sum other
other
things.
things.
(1492)
(1492)
it, the
it, the
defect
defectshall
shall
be be
considered
considered as as or or forfor a separate
a separate priceprice forfor each eachof of
redhibitory.
redhibitory. them,them, thethe redhibitory
redhibitory defect
defect of of
oneone
shallshallonly onlygive give
riseriseto toits its
redhibition,
redhibition, Art.Art.
1574.1574. There
There is no is nowarranty
warranty against
against
C. C.
Other
Other
Warranties
Warranties ButBut if the
if theveterinarian,
veterinarian, through
through ignorance
ignoranceandand notnot thatthat of ofthethe others;
others; unless
unlessit it hidden
hidden defects
defects of of animals
animals sold sold
at fairs
at fairs or orat at
a. Hidden
a. Hidden
defects
defects or Art.
in in Art.or
bad badfaith
1576. faith
1576. should
If the should
If the failfail
hidden
hidden todefect
to
discover
defect discover
of of or or
animals,
animals, should
Sale should
Saleof of appear
appear
a Team
a Team thatthat thethe vendeevendee would
would public
public
Art.
Art. auctions,
1573. auctions,
1573. TheThe orprovisions
or
of of
provisions livelive
stock
of stock
of sold
thethe soldas as
preceding
preceding
Animals
Animals disclose
evendisclose
even init,case
in case it,
he he
ashall
shall
bebe
a professional liable
professional liable
forfor
damages.
inspection
inspectiondamages.
hashas notnot have have purchased
purchased thethe sound sound animal
animal condemned.
condemned.
article
article with with (1493a)
(1493a)
respect
respect to tothethesalesaleof of
animals
animals shall
shall
(1495)
been(1495)
beenmade,
made, should
shouldbe be
of of
such
such
a nature or Art.
thatthat Art.
a nature or
animals
animals
1572.1572. without
If without
two
If two ortheor
morethe
defective
more defective
animals one.
animals one.
are are Art.
in Art.
like
in 1575.
like1575.
manner TheThe
manner salebe
be sale
ofapplicable
of
animals
applicable animals
tosuffering
thesuffering
to the
salesale from
of from
of
expert
expertknowledge
knowledge is not
is not
sufficient
sufficient
to to Thesold
discoversold
discover The latterlatter
together, case
together, caseshallshall
whether be be
whether presumed
for presumed
for
a lump
a lumpwhen
sum when
sum contagious
contagious
other
other things. diseases
things. diseases
(1492)
(1492) shallshall
be bevoid.void.
it, the
it, the
defect
defectshall
shall
be be
considered
considered as as a team,
or afor
or team,
a yoke
for a yoke
separate pair,
separate pair,
orprice
price or
setforset
isforbought,
is each
each bought,
of of A contract
A contract of ofsalesaleof ofanimals
animals shallshall
alsoalsobe be
redhibitory.
redhibitory. even
them,even
them, ifthe
aifthe
separate
aredhibitory
separate price
redhibitory pricehas
defect has
defect been
ofbeen
offixed
one fixed
one void
voidif theif the
useuse or or service
service forforwhichwhich they theyareare
forshall
shallfor
each each
only one
onlygiveoneofrise
give of
the the
toanimals
rise to
itsanimals
its composing
redhibition,composing
redhibition, acquired
acquired
Art.
Art.1574. has
1574. has
been
There
Therebeen
isstated
isstated
no no in
warrantythe
in the
warranty contract,
contract,
againstandand
against
ButBut if the
if theveterinarian,
veterinarian, through
through ignorance theand
ignoranceand thesame.
notsame.
not (1491)
that (1491)
that
of ofthethe others;
others; unless
unlessit it they
they
hidden aredefects
hidden are
foundfound
defects to
of to be
of be
unfit
animals unfit
animals therefor.
sold therefor.
sold at (1494a)
at fairs (1494a)
fairs
or orat at
or or
bad badfaith
faithshould
shouldfailfail
to to
discover
discover or or should
should appear
appear thatthat thethe vendeevendee would
would public
public auctions,
auctions, or or of of
livelive
stockstock soldsoldas as
disclose
disclose it, it,
hehe shall
shall
bebe liable
liable
forfor
damages. Art.not
damages.not Art.1577.
have 1577.
have The The
purchased redhibitory
purchased redhibitory
thethe sound action,
soundaction,
animal
animal Art.condemned.
Art.1579.
condemned. 1579. If (1493a)
the
If (1493a)
the
salesalebe be rescinded,
rescinded, thethe animal
animal
(1495)
(1495) based
or based
or
animalson on
animals the the
faults
without faults
without or the
the or
defects
defects
defective of of
defective one.one. shall
shall
Art.
Art.be1575.
1575. be
returned
returned
The The saleinsale
the
in of
of the
condition
animalscondition
animals in which
suffering in which
suffering fromit it
from
animals,
The animals,
The latter must
latter must
case be
case be
shallbrought
shallbrought
be be within
presumed within
presumed forty
forty
when when wascontagious
wassold
contagious sold and anddelivered,
diseases delivered,
diseases shall the
bethe
shall vendee
be vendee
void.void.being being
adaysadays
team, from
team, from
yoke thepair,
yoke the
date date
orofor
pair, of
settheir
istheir
set delivery
delivery
bought,
is bought, to to answerable
A answerable
contract
A contract forof
of for
any
sale any
ofinjury
sale ofinjury
animals duedue
animals toshall
shall to
hisalso
hisalsobe be
theeven
even the
vendee.
ifvendee.
aifseparate
a separate price pricehashas beenbeenfixed
fixed negligence,
negligence,
void
voidif theif the and
use and
ornot
use or not
arising
service arising
service forfrom
forfrom
which thethey
which thethey areare
This
for This
for action
each action
each oneonecanofcanonly
theonly
of the beanimals
animals be
exercised
exercised with
composing
composingwith redhibitory
redhibitory
acquired
acquired hasfault
has fault
been orstated
been or
defect.
defect.
stated in(1498)
in(1498)
the the
contract,
contract, andand
respect
the respect
the
same. to (1491)
same. to
faultsfaults
(1491) andand defects
defects which
whichareare they
theyareare foundfound to to be be unfitunfit
therefor.
therefor. (1494a)
(1494a)
determined
determined by by lawlaw or orby by locallocal
customs.
customs. Art.Art.
1580.1580. In Inthethe salesaleof ofanimals
animals withwith
(1496a)
Art. (1496a)
Art.
1577.1577. TheThe redhibitory
redhibitory action,
action, redhibitory
redhibitory
Art.
Art.1579.1579. Ifdefects,
Ifdefects,
the the the
salesalebethevendee
be vendee
rescinded, shall
rescinded, shall
the also
thealso
animal
animal
Art.based
basedArt.
1578.1578.
on on
theIfthe
the
If the
faults animal
faults animal
or or should
defects should
defects ofdie
ofdie enjoy
enjoy
shall
shall
bethe bethe
right
right
returned mentioned
returned mentioned
in the
in the in article
conditionin article
condition in1567;
in1567;
whichwhichbut
itbut
it
within
within
animals,
animals,threethree
must days
must bedaysafter
be after
brought its its
brought purchase,
purchase,
within
withinfortythethe
forty he was
washe
must must
sold soldmake
andmake
and use use
delivered,thereof
thereof
delivered, thewithin
the within
vendee the
vendee the
same
being same
being
vendor
days vendor
daysfrom shall
from shall
thebethe be
liable
date liable
dateof ifof the
iftheir
their the
disease
disease
delivery
deliveryto to period
period
answerable which
answerable which
forhas
for has
any been
any been
injury fixed
injuryfixed
due for
tofor
due the
histhe
to exercise
his exercise
which
the which
the cause
vendee. cause
vendee. thethe deathdeath existed
existed at the
at the of negligence,
of
thethe redhibitory
negligence, redhibitory
andand notnot action.
action.
arising
arising (1499)
from (1499)
from thethe
time
This time
Thisof
actionof
thethe
action contract.
cancontract.
canonly only(1497a)
be (1497a)
be
exercised
exercised with with redhibitory
redhibitory fault
faultor ordefect.
defect. (1498)
(1498)
respect
respect to tofaultsfaultsandand defects
defects which
whichareare Note
Note (s)(s)
Art.determined
Art.
1580.
determined 1580. InbyIn
the
by
lawthe
sale
laworsale
of
by of
or animals
by animals
locallocal with
with a.
customs.
customs. According
a. Art.
According
Art. 1580.1580. to In
In to
Art.
the Art.
the 1567,
sale 1567,
sale
of ofin the
in the
animals
animalscases
cases
with of of
with
redhibitory
redhibitory
(1496a)
(1496a) defects,
defects, thethe vendeevendee shall
shall Articles
Articles
redhibitory
redhibitory1561,1561,1562,
defects, 1562,
defects, 1564,
the 1564,
the 1565
vendee 1565
vendee and
shalland1566,
shallalso1566,
alsothethe
alsoArt.
Art. also
enjoy
1578.enjoy
1578. the the
Ifright
If the therightmentioned
animal mentioned
animal shouldshould in
diein
die vendee
vendee
enjoy
enjoy the may
themayelect
right elect
right between:
mentioned between:
mentioned in article
in article 1567;1567; butbut
article
article
within
within 1567;
three1567;
three butdays
days buthe he
must
after must
afterits make
its make
purchase,useuse
purchase, thethe he hei. must
must withdrawing
i. withdrawing
makemake useuse from from
thereof thewithin
thereof the
contract
contract
within thethe (accion
same (accion
same
thereof
thereof
vendor
vendor within
shall within
shallbethebe the
same
liable same
liable period
if the
if theperiod which
disease which
disease period
periodredhibitoria);
redhibitoria);
which which hashas been and
been and
fixed
fixedforforthethe exercise
exercise
haswhich
whichhas
been been
cause fixed
cause fixed
thefor
the for
the
death the
death exercise
exercise
existed
existed atofthe
atof
the
thethe ii. the
of of
the ii.
demanding
demanding
redhibitory
redhibitory a proportionate
a proportionate
action.
action. (1499)
(1499)reduction
reduction
redhibitory
time redhibitory
timeof of thethe action.
action.
contract.
contract.(1499)
(1499)
(1497a)
(1497a) of of thetheprice
price (accion
(accion quantiquanti minoris)
minoris)
with
with
Note
Notedamages
(s)damages
(s) in either in either case.
case.(1486a)
(1486a)
Art.Art.
1580.1580.
In In
thethe
salesale
of of
animals
animals
withwith a. According
a. According to to
Art.Art. 1567,1567, in the
in the cases
cases of of
redhibitory
redhibitory defects,
defects, thethe
vendee
vendeeshall
shall Articles
Articles 1561,1561,1562,1562, 1564,1564,1565 1565 andand 1566,1566,thethe
b. b.
Warranty
Warrantyas to
as to Art.Art. 1562.1562. In Ina sale
a saleof ofgoods,
goods, therethere is anis an also
also
enjoyenjoy
Requisites:
Requisites:thethe
right
rightmentioned
mentioned in in vendee
vendee may mayelect
elect between:
between:
Fitness
Fitness
or or
Quality
Quality implied
implied warranty
warranty or orcondition
condition as toas tothethe qualityarticle
quality article
1567;
1567;butbut
he he must
must
makemake
useuse i. withdrawing
i. withdrawing from from thethecontract
contract (accion
(accion
or or
fitness
fitness of ofthethe goods,
goods, as follows:
as follows: thereof
thereof
thewithin
1) 1) thewithin
buyer the
buyer the
same
sustainedsame
period
sustained period
injury which
injury which redhibitoria);
redhibitoria); andand
(1)(1)Where Where thethe buyer,
buyer,expressly
expressly or or by by hashas beenbeen
fixed
because fixed
because forof
of for
thethe the
theexercise
exercise
product;
product; of of
thethe ii. ii.
demanding
demanding a proportionate
a proportionate reduction
reduction
implication,
implication, makesmakes known
known to tothethe seller redhibitory
seller redhibitory
2) 2)
thethe action.
injury action.
injury (1499)
occurred (1499)
occurred because
becausethethe of of thetheprice
price (accion
(accion quantiquanti minoris)
minoris)
thethe particular
particular purpose
purpose forfor whichwhich thethe product
product waswas defective
defective
or or with
withdamages
damages in either
in either case.
case.(1486a)
(1486a)
goodsgoods areare acquired,
acquired, andand it appears
it appears thatthat unreasonably
unreasonably unsafe;
unsafe;
and,
and,
thethe buyerbuyer relies
relies
on on thetheseller's
seller's skillskill
or or 3) 3)
thethe
defect
defectexisted
existed
when
whenthethe
b. b.
Warranty
Warrantyas to
as to Art.Art. judgment
1562. judgment
1562. In In (whether
a sale (whether
a saleof ofgoods,he he
goods,be be
the
there the
there grower
is grower
an
is product
an or orRequisites: product
Requisites: leftleft
thethehands
hands
of of
thethe
Fitness
Fitness
or or
Quality
Quality implied manufacturer
implied manufacturer
warranty
warranty or oror or
not),
conditionnot),
there
condition there
as is to
to
as an
is the
the anquality
quality seller
seller
or or implied
fitness implied
fitness of of warranty
the warranty
the
goods,
goods, that
as that
asthe
follows:the
goods
follows: goods shallshall
be be 1) 1) thethe
buyer
buyersustained
sustained injury
injury
reasonably
(1) reasonably
(1)
Where Where fitthe
the fit
for for
buyer,suchsuch
buyer, purpose;
purpose;
expressly
expressly or or by by because
because of of
thetheproduct;
product;
(2)implication,
(2)
Where
implication,Where the the
goods
makes goods
makes are
known are
known brought
brought
to to
thethe by seller
by
seller 2) 2)
thethe
injury
injury
occurred
occurred because
becausethethe
description
the description
the
particular
particularfrom from a seller
purpose a seller
purpose forwhofor who
which deals
which deals
theinthein product
product waswas defective
defective
or or
goodsgoods of are
are of
that that
description
acquired, description
acquired, andand it (whether
it (whether
appears
appears hethat
that he unreasonably
unreasonably unsafe;
unsafe;
and,
and,
be the
the be
the the
buyer grower
buyer grower
relies oronor
relies manufacturer
onmanufacturer
the the
seller's
seller's orskill
skill or
not),
ornot),
or 3) 3)
thethe
defect
defectexisted
existed
when
whenthethe
therethere
judgment is an
judgment is (whether
an
implied
implied
(whether warranty
hewarranty
he
be bethethat
the that
growerthethe
grower or or product
product leftleft
thethehands
hands
of of
thethe
goodsgoods
manufacturershall
manufacturershallbeor be
ofor of
merchantable
not), merchantable
not),
therethere is anisquality.
anquality. seller
seller
(n)implied
(n) warranty
implied warranty thatthat
thethe goodsgoods shallshall
be be
reasonably
reasonably fit fit
forfor suchsuchpurpose;
purpose;
Art.Art.
1563.
(2)1563.
(2) InWhere
Where In
thethe case case
the of
goods of
contract
goods contract
are are of of
brought saleby
brought sale
ofbyof
a a
specified
specified article
description article
description underunder
from fromits its
patent
a sellerpatent
a seller whoorwhoor
otherother
deals trade
in trade
deals in
name,
name, there
goods there
goods is
ofno is
of no
thatwarranty
thatwarranty
description as to
description as(whether
to
its(whether
its
fitness
fitness
hefor
hefor
anyany
particular
beparticular
be
thethe purpose,
grower purpose,
grower or orunless
unless
manufacturerthere
manufacturer there isoraisora not),
not),
stipulation
stipulation
therethereto to
the
is an the
is an contrary.
impliedcontrary.
implied (n)
warranty(n) thatthat
warranty thethe
Art.Art.
1564.1564.
goods Anshall
goods Animplied
implied
shallbe beofwarranty
of warranty
merchantable or or
merchantable condition
condition
quality.
quality.
as to
as to
the
(n)thequality
(n) quality or orfitness
fitness forfor a particular
a particular
purpose
purpose may may be be annexed
annexed by bythethe usageusage of of
trade.
trade.
Art.
Art. (n)
1563. (n)In In
1563. thethe case caseof ofcontract
contract of ofsalesaleof of
a a
specified
specified article
articleunderunder its its
patent
patent or or otherothertradetrade
c. Sale
c. Sale
of of
Goods
Goods by by name,
Art.name,
Art. there
1565. there
1565. InisIn
theno
isthe
no
warranty
case warranty
caseof of as to
as to
a contract its its
a contract fitness
of fitness
of
salesaleforby
by for
Sample
Sample and/or any
and/or any
particular
sample,
sample,particular
if the
if thepurpose,
sellerpurpose,
selleris aisunless
a unless
dealer
dealer therethere
in goods is aisofa of
in goods thatthat
Description
Description stipulation
stipulation
kind,
kind,
therethere to
is anto
the
is anthe
contrary.
impliedcontrary.
implied (n)
warranty (n) thatthat
warranty thethe
Art.
Art.
goods 1564.
goods 1564.
shall AnbeAn
shall implied
be
freeimplied
free
from warranty
from warranty
any any or
defect or
defectcondition
condition
rendering
rendering
as to
as
them
themto
the the
quality
quality
unmerchantable
unmerchantable or or
fitness
fitness
which for
which for
a
wouldparticular
a
wouldparticular
notnot be be
purpose
purpose
apparent
apparent may may
on on be be
annexed
reasonable annexed
reasonable by by
the
examination the
examinationusageusage of
of of ofthe
the
trade.
trade.
sample. (n)
sample. (n)
(n)(n)
d. d.
under
underthethe Art.Art.
4 4
c. Sale
c. Sale
of of
Consumer Goods
Consumer Goodsby (RA
actact
(RAby Art.Art.
1565.1565.In In
thethe
casecase
of of
a contract
a contract
of of
salesale
by by
Sample
Sample
7394)
7394) and/or
and/or sample,
sample,
Art.Art.
68 68 if the
if the
seller
seller
is aisdealer
a dealer
in goods
in goodsof of
thatthat
Description
Description kind,
kind,
therethereis an
is an
implied
implied warranty
warranty
thatthat
thethe
goods
goods shall
shall
be be
freefree
fromfromanyany
defect
defect
rendering
rendering
them
themunmerchantable
unmerchantable which
whichwould
would
notnotbe be
apparent
apparent on onreasonable
reasonable examination
examinationof of
thethe
sample.
sample. (n)(n)
d. d.
under
underthethe Art.Art.
4 4
Consumer
Consumer actact
(RA(RA
7394)
7394) Art.Art.
68 68