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Chapter 5

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6 views

Chapter 5

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이삐야
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© © All Rights Reserved
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SUMMARY NOTES ON CHAPTER 5: OBLIGATIONS OF THE VENDEE

Art. 1582 any promise or warranty in the contract of


Acceptance sale.
 an offeree’s assent, either by express
act or by implication from conduct to XPN: But, if, after acceptance of the goods,
the terms of an offer in a manner the buyer fails to give notice to the
authorized or requested by the offeror, seller of the breach in any promise of
so that a binding contract is formed warranty within a reasonable time after the
 modifies the terms or add new ones, it buyer knows, or ought to know of such
generally operates as a counteroffer breach, the seller shall not be liable therefor.
Reasonable Time
Principal obligations of the vendee  the time needed to do what a contract
(1) The vendee is bound to accept delivery requires to be done, based on
(2) The vendee is bound to pay the price of subjective circumstances
the thing sold
Art. 1587
Art. 1583 Effect of Buyer’s JUSTIFIABLE refusal to
GR: The buyer of goods is not bound to accept delivery
accept delivery thereof by installments. (1) The buyer has no obligation to return the
goods to the seller
XPN: Stipulation or agreement. (2) It is sufficient that the buyer notifies the
seller that he refuses to accept the goods
Art. 1584 (3) If the buyer voluntarily constitutes himself
GR: The buyer has a reasonable opportunity a depositary of the goods, he shall be
to examine the goods upon delivery to liable as such
ascertain whether they are in conformity with
the contract before accepting the same. Art. 1588
Effect of Buyer’ s UNJUSTIFIABLE refusal
XPN: to accept deli-very
(1) There is a stipulation to the contrary The title thereto passes to the buyer from
(2) In case of “collect on delivery” (COD), the the moment they are placed at his disposal.
buyer is not entitled to examine until
payment is made; except if: Art. 1589
(a) There is an agreement permitting Vendee owes interest between the
examination delivery and payment
(b) The usage of trade permits such (1) Should it have been so stipulated
examination (2) Should the thing sold and delivered
produce fruits or income
Art. 1585 (3) Should the buyer be in default, from the
Types of Acceptance time or judicial or extrajudicial demand
(1) Express Acceptance for the payment of the price
 when the buyer intimates the seller
that he has accepted the goods Art. 1590
Suspension of payment by the vendee
(2) Implied Acceptance (1) Should the vendee be disturbed in the
 when the buyer does any act in possession or ownership of the thing
relation to the goods which is acquired
consistent with the ownership of (2) Should he have reasonable grounds to
the seller fear such disturbance, by a vindicatory
 when, after the lapse of a action or a foreclosure of mortgage
reasonable time, he retains the
goods without intimating to the seller NOTE: The right to suspend payment exists
that he has rejected them only while the danger or disturbance lasts.
Once the vendor has caused the cessation of
this disturbance such as by entering into a
settlement or compromise agreement which
the third person who posed the danger or
disturbance to the vendee’s possession or
Art. 1586 ownership, the vendee must already pay.
GR: Acceptance of the goods by the buyer
shall not discharge the seller from liability in Exceptions to suspension of payment
damages or other legal remedy for breach of (1) The vendor gives security for the return of
the price in a proper case
SUMMARY NOTES ON CHAPTER 5: OBLIGATIONS OF THE VENDEE
(2) It has been stipulated that,
notwithstanding any such contingency,
the vendee shall be bound to make the
payment
(3) The vendor has caused the disturbance or
danger to cease

NOTE: A mere act of trespass shall not


authorize the suspension of the payment of
the price.

Art. 1591
Seller may immediately sue for the
rescission of the sale
The vendor has reasonable grounds to
fear the loss of immovable property sold
and its price.
Art. 1592
NOTE: The demand is not for the payment of
the price but for the rescission of the
contract.

This provision contemplates:


(1) Contract of sale of an immovable property
(2) Stipulation in the contract that failure to
pay the price at the time agreed upon will
cause the rescission of the contract

NOTE: The right of the vendee to pay ceases


when the vendor or the seller demands the
rescission of the contract judicially or extra
judicially. In case of extra judicial demand to
rescind the contract, it should be notarized.

NOTE: This provision does not apply if it is


not a contract of sale of an immovable
property and merely a contract to sell an
immovable property.

Art. 1593
Rescission of the sale of MOVABLE
PROPERTY shall of right take place
(1) If the vendee, upon the expiration of the
period fixed for the delivery of the thing,
should not have appeared to receive
it
(2) Having appeared, he should not have
tendered the price at the same time,
unless a longer period has been
stipulated for its payment

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