Chapter 9 Flashcards
(35 cards)
466 - Component parts of a building or other construction.
Things that are attached to a building and that, according to prevailing usages, serve to complete a building of the same general type, without regard to its specific use, are its component parts. Component parts of this kind may include doors, shutters, gutters, and cabinetry, as well as plumbing, heating, cooling, electrical, and similar systems.
Things that are attached to a construction other than a building and that serve it’s principal use are it’s component parts.
Other things are component parts of a building or other construction if they are attached to such a degree that they cannot be removed without substantial damage to themselves or to the building or other construction.
465 - Things incorporated into an immovable.
Things incorporated into a tract of land, a building, or other construction, so as to become an integral part of it, such as building materials, are its component parts.
469 - Transfer or encumbrance of an immovable.
The transfer or encumbrance of an immovable includes its component parts.
508 - Things principal and accessory.
Things are divided into principal and accessory. For purposes of accession as between movables, an accessory is a corporeal movable that serves the use, ornament, or complement of the principal thing.
In the case of a principal thing consisting of a movable construction permanently attached to the ground, it’s accessories include things that would constitute its component parts under Art 466 if the construction were immovable.
(2474) Construction of ambiguities respecting obligations of seller.
The seller must clearly express the extent of his obligations arising from the K, and any obscurity or ambiguity in that expression must be interpreted against the seller.
(2475) Seller’s obligations of delivery and warranty.
The seller is bound to deliver the thing sold and to warrant to the buyer ownership and peaceful possession of, and the absence of hidden defects in, that thing. The seller also warrants that the thing sold is fit for its intended use.
(2477) Methods of making delivery.
Delivery of an immovable is deemed to take place upon execution of the writing that transfers its ownership.
Delivery of a movable takes place by handing it over to the buyer. If the parties so intend delivery may take place in another manner, such as by the seller’s handing over to the buyer the key to the place where the thing is stored, or by negotiating to him a document of title to the thing, or even by the mere consent of the parties if the thing sold cannot be transported at the time of the sale or if the buyer already has the thing at that time.
(2480) Retention of possession by seller, presumption of simulation.
When the thing sold remains in the corporeal possession of the seller the sale is presumed to be a simulation, and, where the interest of heirs and creditors of the seller is concerned, the parties must show that their K is not a simulation.
(2481) Incorporeals, method of making delivery.
Delivery of incorporeal movable thing incorporated into an instrument, such as stocks and bonds, takes place by negotiating such instrument to the buyer. Delivery of other incorporeal movables, such as credit rights, takes place upon transfer of those movables.
(2482) Things not in possession of seller.
When at the time of the sale the seller is not in possession of the thing sold he must obtain possession at his cost and deliver the thing to the buyer.
(2483) Costs of delivery and of removal.
The cost of making delivery is borne by the seller and that of taking delivery by the buyer in absence of agreement to the contrary.
(2484) Place of delivery.
Delivery must be made at the place agreed upon by the parties or intended by them. In the absence of such agreement or intent, delivery must be made at the place where the thing is located at the time of the sale.
(2465) Buyer’s rights upon default, damages.
When the seller fails to deliver or to make timely delivery of the thing sold, the buyer may demand specific performance of the obligation of the seller to deliver, or may seek dissolution of the sale.
In either case, and also when the seller has made a late delivery, the buyer may seek damages.
(2487) Delivery excused until payment of price and for insolvency.
The seller may refuse to deliver the thing sold until the buyer tenders payment of the price, unless the seller has granted the buyer a term for such payment.
(2489) Condition of the thing at time of delivery.
The seller must deliver the thing sold in the condition that, at the time of the sale, the parties expected, or should have expected, the thing to be in at the time of delivery, according to its nature.
(2614) Stoppage in transit.
The seller may stop delivery of the things in the possession of a carrier or other depositary when he learns that the buyer will not perform the obligations arising from the K of sale or is insolvent.
(2461) Inclusion of accessories.
The sale of a thing includes all accessories intended for its use in accordance with the law of property.
(2491) Immovables, extent of delivery.
The seller must deliver to the buyer the full extent of the immovable sold. That obligation may be modified in accordance with the provisions of the following Articles.
(2492) Sale of immovables at a price per measure.
If the sale of an immovable has been made with indication of the extent of the premises at the rate of so much per measure, but the seller is unable to deliver the full extent specified in the K, the price must be proportionately reduced.
If the extent delivered by the seller is greater than specified in the K, the buyer must pay to the seller a proportionate supplement of the price. The buyer may recede from the sale when the actual extent of the immovable sold exceeds by more than 1/20th the extent specified in the K.
(2494) Sale of immovable for lump price.
When the sale of an immovable has been made with indication of the extent of the premises, but for a lump price, the expression of the measure does not give the seller the right to a proportionate increase of the price, nor does it give the buyer the right to a proportionate diminution of the price, unless there is a surplus, or a shortgage, of more than 1/20th of the extent specified in the act of sale.
When the surplus is such as to give the seller the right to an increase of the price the buyer has an option either to pay that increase or to recede from the K.
(2495) Sale of a certain and limited body or of a distinct ofbject for a lump price.
When an immovable described as a certain and limited body or a distinct object is sold for a lump price, an expression of the extent of the immovable in the act of sale does not give the parties any right to an increase or diminution of the price in case of surplus or shortage in the actual extension of the immovable.
(2497) Restitution of price and expenses in case of recission.
When the buyer has the right to recede from the K the seller must return the price, if he has already received it, and also reimburse the buyer for expenses of the sale.
(2498) Rx of actions for supplement or diminution of price or for dissolution.
The seller’s action for an increase of the price and the buyer’s actions for diminution of the price or dissolution of the sale for shortage or excessive surplus in the extent of the immovable sold prescribe one year from the day of the sale.
(2500) Eviction, definition, scope of warranty.
The seller warrants the buyer against eviction, which is the buyer’s loss of, or danger of losing, the whole or part of the thing sold bc of a 3P’s right that existed at the time of the sale. The warranty also covers encumbrances on the thing that were not declared at the time of the sale, with the exception of apparent servitudes and natural and legal nonapparent servitudes, which need not be declared.
If the right of the 3rd person is perfected only after the sale through the negligence of the buyer, though it arises from facts that took place before, the buyer has no claim in warranty.
