Article1498 - 1507

Article 1498 When the sale is made through a public

instrument, the execution thereof shall be equivalent to the delivery of the thing which is the object of contract, if from the deed the contrary does not appear or cannot clearly be inferred. With regard to movable property, its delivery may also be made by the delivery of the keys of the place or depository where it is stored or kept.

Public Instrument One which is acknowledge before a notary

public or any official authorized to administered oath, by the person who executed the same The execution of public instrument as a manner of delivery applies to movable as well as immovable property since the law does not make any distinction. It CAN be clearly inferred by the use of the word Also in paragraph 2 of article 1498. The manner of delivery is also symbolic

Symbolic delivery by the execution of a public

instrument is equivalent to actual delivery only when the thing is subject to the control of the vendor Constructive delivery is symbolic when, to

effect the delivery, the parties make use of a token symbol to represent the thing delivered

Article 1499 The delivery of movable property may likewise

be made by the mere consent of agreement of the contracting parties, if the thing sold cannot be transferred to the possession of the vendee at the time of the sale, or if the latter already had it in his possession for any other reason

Traditio Longa Menu

It takes place by the mere consent or agreement of the contracting parties as when the vendor merely points to the thing sold which shall be thereafter be at the control and disposal of the vendee Tradition Brevi Menu This mode of legal delivery happens when the vendee has already possession of the thing sold by the virtue of another title as when the lessor sells the thing leased to the lessee

Article 1500 There may also be tradition Constitutum

Possessorium This mode of delivery is the opposite of Traditio

Brevi Menu. It takes place when the vendor continues in possession of the property sold not as owner but in some other capacity, as for example, when the vendor stays as tenant on the vendee.

Article 1501 With respect to incorporeal property, the

provisions of the first paragraph of article 1498 shall govern. In any other case wherein said provisions are not applicable, the placing of the titles of ownership in the possession of the vendee or the use by the vendee of his rights, with vendors consent, shall be understood as a delivery.

Quasi Traditio By the execution of a public instrument, or

When that mode of delivery is not applicable, by

the placing of the titles of ownership in the possession of the vendee, or By allowing the vendee to use his rights as new owner with the consent of the vendor This mode of delivery of incorporeal things or rights is

known as quasi traditio. The delivery to a person of a negotiable document of title in which it is stated that the goods referred to therein will be delivered to the bearer amounts to delivery of goods to such person. (Arts 1507, 1508)

Article 1502 When goods are delivered to the buyer on sale

or return to give the buyer an option to return the goods instead of paying the price, the ownership passes to the buyer on delivery, but he may revest the ownership in the seller by returning or tendering the goods within the time fixed in the contract, or, if no time has been fixed, within a reasonable time. When goods are delivered to the buyer on approval or on trial or on satisfaction, or other similar terms, the ownership therein passes to the buyer:

When he signifies his approval or acceptance to

the seller or does any other act adopting the transaction; If he does not signify his approval or acceptance to the seller, but retains the goods without giving notice of rejection, then if a time has been fixed for the return of goods, on the expiration of such time, and, if no time has been fixed, on the expiration of a reasonable time. What is a reasonable time is a question of fact.

Article 1503 Where there is a contract of sale of specific

goods, the seller may, by the terms of the contract, reserve the right of possession or ownership in the goods until certain conditions have been fulfilled. The right of possession or ownership may be thus reserved notwithstanding the delivery of the goods to the buyer or to a carrier or other bailee for the purpose of transmission to the buyer.

Article 1504 Unless otherwise agreed, the goods remain at the

sellers risk until the ownership therein is transferred to the buyer, but when the ownership therein is transferred to the buyer, the goods are at the buyers risk whether actual delivery has been made or not except that: Where the delivery of the goods has been made to the buyer or to a bailee for the buyer, in pursuance of the contract and the ownership in the goods has been retained by the seller merely to secure performance by the buyer of his obligations under the contract, the goods are at the buyers risk from the time of such delivery;

Where actual delivery has been delayed through

the fault of either the buyer or seller the goods are at the risk of the party in fault

Article 1505 Subject to the provisions of this Title, where

goods are sold by a person who is not the owner thereof and who does not sell them under authority or with the consent of the owner, the buyer acquires no better title to the goods than the seller had, unless the owner of the goods is by his conduct precluded from denying the sellers authority to sell Nothing in this title however, shall affect:

The provisions of any factors acts, recording

laws, or any other provision of law enabling the apparent owner of goods to dispose of them as if he were the true owner thereof; The validity of any contract or sale under statutory power of sale or under the owner of a court of competent jurisdiction; Purchases made in a merchants store, or in fairs, or markets, in accordance with the code of commerce and special laws

Article 1506 Where the seller of goods has a voidable title

thereto, but his title has not been avoided at the time of the sale, the buyer acquires a good title to the goods, provided he buys them in good faith, for value, and without notice of the sellers defect of title

Article 1507 A document of title in which it is stated that the

goods referred to therein will be delivered to the bearer, or to the order of any person named in such document is a negotiable document of title

QUESTIONS

Question #1 With regard to movable property, its

delivery may also be made by the delivery of the keys of the place or depository where it is stored or kept. A.) True B.) False

Answer: TRUE(Article 1498)

Question #2Traditio Longa Menu takes place by the mere consent or agreement of the contracting parties as when the vendor merely points to the thing sold which shall be thereafter be at the control and disposal of the vendee. A.) True B.) False

Answer: TRUEArticle 1499

Question #3 Constitutum Possessorium is the opposite of

traditio Longa menu. A.) True B.) False

Answer: FALSEOpposite of Tradtion Brevi Menu Article 1500

Question #4 The delivery to a person of a negotiable

document of title in which it is stated that the goods referred to therein will be delivered to the bearer amounts to delivery of goods to such person. A.) True B.) False

ANSWER: TRUE(Arts 1507, 1508)

Question #5 The buyer may not revest the ownership in the

seller by returning or tendering the goods within the time fixed in the contract, or, if no time has been fixed, within a reasonable time. A.) True B.) False

Answer: FalseThe buyer may revest the ownership.

Question #6 As a general rule, delivery, be it only constructive,

passes the title in the thing sold; and delivery to the carrier is deemed to be a delivery to the buyer A.) True B.) False

ANSWER: TRUERelates to a sale of specific goods (Art. 1494 and 1636)

Question #7 Where actual delivery has been delayed through

the fault of either the buyer or seller the goods are at the risk of both parties. A.) True B.) False

ANSWER: FalseThe law punishes the party at fault only

Question #8 A public instrument is one which is acknowledge

before a notary public or any official authorized to administered oath, by the person who executed the same. A.) True B.) False

ANSWER: TRUEArticle 1498

Question #9 The manner of delivery is NOT symbolic. A.) True B.) False

ANSWER: FALSEManner of delivery is symbolic.

Question #10 Constructive delivery is symbolic when, to effect the

delivery, the parties make use of a token symbol to represent the thing delivered

A.) True B.) False

ANSWER: TRUEArticle 1498

Question #11 When goods are delivered to the buyer on sale

or return to give the buyer an option to return the goods instead of paying the price, the ownership passes to the buyer on delivery. A) True B) False

ANSWER: TRUEArticle 1502

Question #12 If the sellers title has not been avoided at the

time of the sale, the buyer acquires a good title to the goods. A.) True B.) False

ANSWER: TRUE

Question #13 The execution of public instrument as a manner of

delivery applies to movable BUT NOT to immovable property since the law does not make any distinction. A.) True

B.) False

Answer: FalseAs well as immovable property

Question # 14 Who acknowledges a public instrument? A.) Any person B.) Notary public

ANSWER: A.) Notary Public

Question #15 Fill in the blank:

Tradition _____ Menu

This mode of legal delivery happens when the vendee has already possession of the thing sold by the virtue of another title as when the lessor sells the thing leased to the lessee a.) Longa B.) Brevi

ANSWER: B. Brevi

Question #16 In Quasi Traditio, the vendee is allowed to use

his rights as new owner without the consent of the vendor

A.) True B.) False

ANSWER: B. FALSEIt should be with consent

Question #17 When goods are delivered to the buyer on

approval or on trial or on satisfaction, or other similar terms, the ownership therein passes to the buyer but with approval. A.) True B.) False

ANSWER: A) True

Question #18 The execution of public instrument as a manner of

delivery applies to movable properties only. A.) True B.) false

ANSWER: B.) FalseAs well as immovable property

Question #19 Symbolic delivery by the execution of a public

instrument is equivalent to actual delivery only when the thing is subject to the control of the buyer. A.) True

B.) False

Answer: B.) FalseIn control of the vendor

Question #20 When goods are delivered to the buyer on sale

or return to give the buyer an option to return the goods instead of paying the price, the ownership passes to the buyer on delivery. A.) True B.) False

ANSWER: A.) True

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