Chapter 9

Question 0

466 - Component parts of a building or other construction.

Answer 0

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.

Question 1

465 - Things incorporated into an immovable.

Answer 1

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.

Question 2

469 - Transfer or encumbrance of an immovable.

Answer 2

The transfer or encumbrance of an immovable includes its component parts.

Question 3

508 - Things principal and accessory.

Answer 3

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.

Question 4

(2474) Construction of ambiguities respecting obligations of seller.

Answer 4

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.

Question 5

(2475) Seller’s obligations of delivery and warranty.

Answer 5

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.

Question 6

(2477) Methods of making delivery.

Answer 6

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.

Question 7

(2480) Retention of possession by seller, presumption of simulation.

Answer 7

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.

Question 8

(2481) Incorporeals, method of making delivery.

Answer 8

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.

Question 9

(2482) Things not in possession of seller.

Answer 9

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.

Question 10

(2483) Costs of delivery and of removal.

Answer 10

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.

Question 11

(2484) Place of delivery.

Answer 11

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.

Question 12

(2465) Buyer’s rights upon default, damages.

Answer 12

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.

Question 13

(2487) Delivery excused until payment of price and for insolvency.

Answer 13

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.

Question 14

(2489) Condition of the thing at time of delivery.

Answer 14

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.

Question 15

(2614) Stoppage in transit.

Answer 15

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.

Question 16

(2461) Inclusion of accessories.

Answer 16

The sale of a thing includes all accessories intended for its use in accordance with the law of property.

Question 17

(2491) Immovables, extent of delivery.

Answer 17

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.

Question 18

(2492) Sale of immovables at a price per measure.

Answer 18

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.

Question 19

(2494) Sale of immovable for lump price.

Answer 19

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.

Question 20

(2495) Sale of a certain and limited body or of a distinct ofbject for a lump price.

Answer 20

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.

Question 21

(2497) Restitution of price and expenses in case of recission.

Answer 21

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.

Question 22

(2498) Rx of actions for supplement or diminution of price or for dissolution.

Answer 22

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.

Question 23

(2500) Eviction, definition, scope of warranty.

Answer 23

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.

Question 24

(2502) Transfer of rights to a thing.

Answer 24

A person may transfer to another whatever rights to a thing he may have, without warranting the existence of any such rights. In such a case the transferor does not owe restitution of the price to the transferee in case of eviction, nor may that transfer be rescinded for lesion.
Such a transfer does not give rise to a presumption of BF on the part of the transferee and is a just title for the purposes of acquisitive rx.
If the transferor acquires ownership of the thing after having transferred his rights to it, the after-acquired title of the transferor does not inure to the benefit of the transferee.

Question 25

(2503) Modification or exclusion of warranty, seller’s liability for personal acts, restitution of price in case of eviction.

Answer 25

The warranty against eviction is implied in every sale. Nevertheless, the parties may agree to increase or limit the warranty. They may also agree to an exclusion of the warranty, but even in that case the seller must return the price to the buyer if eviction occurs, unless it is clear that the buyer was aware of the danger of eviction, or the buyer has declared that he was buying at his peril and risk, or the seller’s obligation of returning the price has been expressly excluded.
In all those cases the seller is liable for an eviction that is occasioned by his own act, and any agreement to the contrary is null.
The buyer is subrogated to the rights in warranty of the seller against other persons even when the warranty is excluded.

Question 26

(2506) Rights of buyer against seller in case of eviction.

Answer 26

A buyer who avails himself of the warranty against eviction may recover from the seller the price he paid, the value of any fruits he had to return to the 3rd person who evicted him, and also other damages sustained bc of the eviction with the exception of any increase in value of the thing lost.

Question 27

(2507) Restitution of full price despite deterioration, deduction of damage when benefit to buyer.

Answer 27

A seller liable for eviction must return the full price to the buyer even if, at the time of the eviction, the value of the thing has diminished due to any cause including the buyer’s neglect.
Nevertheless, if the buyer has benefited from a diminution in value caused by his own act, the amount of his benefit must be deducted from the total owed to him by the seller bc of the eviction.

Question 28

(2509) Reimbursement to buyer for useful improvements, liability of seller in bad faith.

Answer 28

A seller liable for eviction must reimburse the buyer for the cost of useful improvements to the thing made by the buyer. If the seller knew at the time of the sale that the thing belonged to a 3rd person, he must reimburse the buyer for the cost of all improvements.

Question 29

(2511) Partial eviction, rights of buyer.

Answer 29

When the buyer is evicted from only part of the thing sold, he may obtain rescission of the sale if he would not have bought the thing w/o that part. If the sale is not rescinded, the buyer is entitled to a diminution of the price in the proportion that the value of the part lost bears to the value of the whole at the time of the sale.

Question 30

(2512) Warranty against eviction from proceeds.

Answer 30

The warranty against eviction extends also to those things that proceed from the thing sold.

Question 31

(2513) Scope of warranty in sale of succession rights.

Answer 31

In a sale of a right of succession, the warranty against eviction extends only to the right to succeed the decedent, which entitles the buyer to those things that are, in fact, a part of the estate, but it does not extend to any particular thing.

Question 32

(2517) Call in warranty, failure of buyer to call seller in warranty, suit to quiet possession.

Answer 32

A buyer threatened w/ eviction must give timely notice of the threat to the seller. If a suit for eviction has been brought against the buyer, his calling in the seller to defend that suit amounts to such notice.
A buyer who elects to bring suit against a 3rd person who disturbs his peaceful possession of the thing sold must give timely notice of that suit to the seller.
In either case, a buyer who fails to give such notice, or who fails to give it in time for the seller to defend himself, forfeits the warranty against eviction if the seller can show that, had he been notified in time, he would have been able to prove that the 3rd person who sued the buyer had no right.

Question 33

(2557) Eviction and threat of eviction as grounds for suspension of payment.

Answer 33

A buyer who is evicted by the claim of a 3rd person may withhold payment of the price until he is restored to possession, unless the seller gives security for any loss the buyer may sustain as a result of the eviction.
A seller who, in such a case, is unable or unwilling to give security may compel the buyer to deposit the price with the court until the right of the 3rd person is adjudged. Also the buyer may deposit the price w/ the court, on his own initiative, to prevent the accrual of interest.
A buyer may not withhold payment of the price if the seller is not liable for a return of the price in case of eviction.

Question 34

(2560) Payment of the price before disturbance of possession.

Answer 34

A buyer who paid the price before being evicted of the thing may not demand that the seller return the price or give security for it.