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    Sales - Article 1538

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    Lorraine Diano
    The document summarizes rules for cases where the item is lost, deteriorated, or improved before being delivered from the seller to the buyer. If the item is lost without the seller's fault, the obligation is extinguished. If lost due to the seller's fault, they must pay damages. Deterioration without fault is borne by the buyer, while deterioration through the seller's fault allows the buyer to rescind or fulfill the obligation with damages. Natural or timely improvements benefit the buyer, while improvements from the seller only grant rights of a usufructuary, who can use another's property without damaging it.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Sales - Article 1538

    Uploaded by

    Lorraine Diano
    814 views1 page
    The document summarizes rules for cases where the item is lost, deteriorated, or improved before being delivered from the seller to the buyer. If the item is lost without the seller's fault, the obligation is extinguished. If lost due to the seller's fault, they must pay damages. Deterioration without fault is borne by the buyer, while deterioration through the seller's fault allows the buyer to rescind or fulfill the obligation with damages. Natural or timely improvements benefit the buyer, while improvements from the seller only grant rights of a usufructuary, who can use another's property without damaging it.

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    SALES - ARTICLE 1538.docx

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    The document summarizes rules for cases where the item is lost, deteriorated, or improved before being delivered from the seller to the buyer. If the item is lost without the seller's fault, the obligation is extinguished. If lost due to the seller's fault, they must pay damages. Deterioration without fault is borne by the buyer, while deterioration through the seller's fault allows the buyer to rescind or fulfill the obligation with damages. Natural or timely improvements benefit the buyer, while improvements from the seller only grant rights of a usufructuary, who can use another's property without damaging it.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    814 views1 page

    Sales - Article 1538

    Uploaded by

    Lorraine Diano
    The document summarizes rules for cases where the item is lost, deteriorated, or improved before being delivered from the seller to the buyer. If the item is lost without the seller's fault, the obligation is extinguished. If lost due to the seller's fault, they must pay damages. Deterioration without fault is borne by the buyer, while deterioration through the seller's fault allows the buyer to rescind or fulfill the obligation with damages. Natural or timely improvements benefit the buyer, while improvements from the seller only grant rights of a usufructuary, who can use another's property without damaging it.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    ARTICLE 1538.

    In case of loss, deterioration or improvement of the thing before its delivery, the rules in
    article 1189 shall be observed, the vendor being considered the debtor.

    RULES IN CASE OF LOSS, DETERIORATION, OR IMPROVEMENT OF THING BEFORE DELIVERY (based on


    Art. 1189)

    1. If the thing is lost without the fault of the debtor, the obligation shall be extinguished.
    2. If the thing is lost thru the fault of the debtor, he shall be obliged to pay damages; it is
    understood that the thing lost when it perishes, or goes out of commerce, or disappears in such
    a way that its existence is unknown or it cannot be recovered.
    3. When the thing deteriorates without the fault of the debtor, the impairment is to be borne by
    the creditor.
    4. If it deteriorates through the fault of the debtor, the creditor may choose between the
    rescission of the obligation and its fulfillment, with indemnity for damages in either case.
    5. If the thing is improved by its nature, or by time, the improvement shall inure to the benefit of
    the creditor.
    6. If it is improved at the expense of the debtor, he shall have no other right than that granted to
    the usufructuary.

    Usufructuary- A person who has the right to the benefits of another’s property.

    Usufruct- A right for a certain period to use and enjoy the fruits of another’s property without damaging
    or diminishing it.

    - The right to enjoy benefits or profits from something, as real property, while not being the
    owner of it.

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