STUDY UNIT 1.2 & 1.3

Question 1

DUTIES OF THE SELLER:

Answer 1

1. Safekeeping of the thing sold
2. Delivery and transfer of ownership
3. Warranty against eviction
4. Warranty against latent defects.

Question 2

1. SAFEKEEPING OF THE THING SOLD:

Answer 2

the seller is to take care of and protect the object from the time of the conclusion of the contract until the object is delivered to the buyer.

Question 3

GENERAL RULE:

Answer 3

the seller will not be liable for damages where her conduct was without fault and in such instances the so-called doctrine of passing of risk will be applicable.

Question 4

The culpable conduct…

Answer 4

the culpable conduct of the seller resulting in the damage of the object sold, can be divided into:
-intentional acts
-negligent acts
Negligence takes two forms:
-mere carelessness
-gross negligence.

Question 5

FACTORS THAT INFLUENCE SAFEKEEPING:

Answer 5

-the mora creditoris and mora debitoris of the buyer
-the mora debitoris of the seller.

Question 6

DOCTRINE OF THE PASSING OF RISK:

Answer 6

determines whether the seller or the buyer bears the risk where accidental damage is caused to the object and not by the culpable conduct of either party.

Question 7

A CONTRACT OF SALE IS PERFECTA WHEN:

Answer 7

1. the seller and the buyer have the intention to sell and buy
2. the object sold is determined
3. the purchase price is determined.
4. the contract is not subject to a suspensive clause.

Question 8

2. DELIVERY AND TRANSFER OF OWNERSHIP:

Answer 8

Mere conclusion of a contract of sale does not transfer ownership.

Question 9

NEMO PLUS IURIS RULE:

Answer 9

provides that a person must transfer all his or her rights in the object sold to the other person and must not transfer more rights than she or he has to the object this may or may not include the transfer of ownership

Question 10

REQUIREMENETS OR TRANSFER OF OWNERSHIP: IMMOVABLES:

Answer 10

1. the seller is the owner of the object sold
2. the seller has the intention of transferring ownership, and the buyer has the intention of obtaining ownership
3. the property is registered in the name of the buyer.

Question 11

MOVABLES:

Answer 11

1. the seller is the owner of the object being sold
2. both parties have the intention of passing ownership from the seller to the buyer
3. where it is a cash sale:
   -the seller must deliver the object to the buyer
   -the buyer must pay the purchase price