Treatise on the Contract of Sale 1839,9781886363823

Treatise on the Contract of Sale 1839

by ;
ISBN13: 9781886363823
ISBN10: 188636382X
Format: Hardcover
Pub. Date: 2000-01-30
Publisher(s): Lawbook Exchange Ltd
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Table of Contents

Preliminary Article 1(2)
PART FIRST. OF THE NATURE OF THE CONTRACT OF SALE AND OF THAT WHICH CONSTITUTES ITS SUBSTANCE
Of the nature of this contract
3(1)
Of that which constitutes the substance of the contract of sale
3(1)
Of the thing
3(8)
Of the price
11(6)
Of the first quality of the price
11(3)
Second quality of the price
14(3)
Third quality of the price
17(1)
Of the consent
17(8)
Of the manner which the consent ought to intervene
17(3)
In relation to what things there must be a consent
20(5)
PART SECOND OF THE ENGAGEMENTS OF THE SELLER AND OF THE ACTIONS WHICH RESULT THEREFROM
Of the engagements of the seller which result from the nature of the contract
25(116)
Of the obligation to deliver the thing, and until the delivery, to watch over its preservation
25(1)
What is comprised in the obligation to deliver the thing
26(3)
Of the time and place of delivery
29(1)
Of the time
29(1)
Of the place
30(1)
OF the obligation to keep the thing until the delivery
30(1)
When the extinction or loss of possession of the thing will discharge the seller's obligation to deliver it
31(3)
Of the loss or extinction of the thing
31(2)
Of the case in which the thing sold ceases to be an article of commerce
33(1)
Of the case in which the seller loses possession of the thing sold, subsequent to the contract
33(1)
Of the action which results from the obligation to deliver the thing, and of the damages to which the buyer is subject, in case of the non-performance of his obligation
34(15)
Of the nature of the action ex empto
34(1)
What the buyer must do, in order to be allowed to commence this action
35(3)
Whether the buyer, in virtue of the action ex empto, can take the thing sold by force
38(2)
Into what the action ex empto is resolved in default of delivery
40(4)
Of the damages for which the seller is liable in default of delivery
44(2)
Of the damages which may be claimed by the buyer, on account of a delay in the delivery
46(3)
Of the obligation to warrant the buyer against evictions
49(1)
What is an eviction
50(1)
What evictions give rise to warranty
51(1)
First maxim
51(3)
Second maxim
54(1)
Third maxim
55(1)
Fourth maxim
56(1)
From whom the eviction must be made
57(3)
What thing must be evicted, in order to give rise to the warranty
60(1)
Of the action which results from We obligation of warranty
61(41)
Of We action of warranty, and of that which gives occasion to it; what is its primitive and what its secondary object; and in what manner We heirs of the seller are individually liable
62(2)
When We action of warranty may be commenced
64(2)
Against whom the action of warranty may be brought
66(2)
Of the taking, and of the refusal to take, the act and cause of We buyer
68(2)
General rules concerning the amount in which the seller ought to be condemned, if he fails in the action of warranty
70(1)
First object of condemnation
71(2)
Second object of condemnation
73(3)
Third object of condemnation
76(1)
Fourth object of condemnation
77(6)
Of the amount in which the seller ought to be condemned, in case of an eviction of a part of the Wing, or of something which arises from it
83(2)
Of the amount in which the seller ought to be condemned, when it is a second buyer who suffers the eviction
85(1)
Of the effect upon the action of warranty, resulting from a clause of the contract on the part of the seller, to restore the price and a certain sum over and above the price, in case of eviction
86(2)
Of some particular cases which give rise to questions concerning the action of warranty
88(1)
First case
88(3)
Second case
91(3)
Third case
94(1)
Fourth case
95(2)
Fifth case
97(2)
Sixth case
99(3)
Of the exceptions of warranty, which result from the obligation of warranty
102(12)
Of cases in which the obligation of warranty does not arise, at least in regard to the damages which the buyer suffers from the eviction over and above the price paid
114(7)
First class of cases
114(3)
Second class of cases
117(3)
Third class of cases
120(1)
Of the warranty against real charges upon the thing sold
121(5)
What are the charges which it is not necessary to declare
122(3)
Of the effect of the warranty against real charges
125(1)
Of the warranty against redhibitory defects
126(1)
In regard to what things the seller is bound to this warranty
127(1)
What defects the rise to a warranty and in what cases
127(4)
First condition
128(1)
Second condition
129(1)
Third condition
130(1)
Fourth condition
130(1)
Of the extent of the obligation of warranty against redhibitory defects
131(3)
Of the redhibitory action
134(6)
What the buyer has a right to' demand by this action
135(1)
What the buyer must do to entitle himself to commence this action
135(2)
Of the differences between the buyer and seller in relation to this action
137(1)
Whether are redhibitory defect, is one of several things included in a sale, gives rise to a dissolution of the contract for the whole or only for that thin
138(1)
Of the conclusions of non-reception (fins de non recevoir) against the redhibitory action
139(1)
Of the action quanto minoris
140(1)
Of the engagements of the seller which result from, good faith
141(1)
Whether good faith obliges the seller, at least in the forum of conscience, not only to refrain from false declarations but even from omitting to declare, in relation to whatever concerns the thing sold, and to what such omission obliges him
142(2)
What suppression imposes an obligation upon the seller in the exterior forum and to what
144(3)
Whether good faith obliges the seller, at least in the forum of conscience, not to suppress any of the extrinsic circumstances, which the buyer has an interest in knowing
147(3)
Whether the seller may, in the forum of conscience sometimes sell for more than the just price
150(7)
General rule, and what is the just price
150(2)
Two cases in which one may sell for more than the just price
152(1)
First case
152(3)
Second case
155(1)
May a sale be made upon credit for more than the just price?
155(2)
Whether the buyer map sometimes complain, in the exterior forum, of an excess of price
157(1)
Of the obligations of the seller which result from particular clauses of the contract
157(9)
Of the quantity of the thing sold
157(5)
Of the quality of the thing sold
162(2)
Of the clause by which a thing is sold upon trial
164(1)
Of the clause by which the seller undertakes to make a particular use of the purchase money
165(1)
Of the engagements which the seller of the property of another contracts in favor of the owner
166(21)
PART THIRD OF THE ENGAGEMENTS OF THE BUYER
Of the engagements of the buyer which result from the nature of the contract
173(7)
Of the obligation to pay the price
173(2)
Of the interest of the price
175(4)
Of the other obligations of the buyer which result from the nature of the contract
179(1)
Of the obligations of the buyer which result from good faith
180(1)
Is what consists the bad faith which a buyer map commit and to what it obliges him
180(2)
Of the obligation not to buy for less than the just prince
182(2)
When meanness of price is considered in the exterior forum
184(1)
Of the obligations of the buyer which result from particular clauses of the contract of sale
185(2)
PART FOURTH AT WHOSE RISK THE THING SOLD IS DURING THE INTERMEDIATE TIME BETWEEN THE CONTRACT AND THE DELIVERY 187(204)
PART FIFTH. OF THE EDUCATION AND DISSOLUTION OF THE CONTRACT OF SALE
Of the execution of the contract of sale, and, in particular, of the tradition or delivery of the tradition or delivery of the thing sold
196(10)
Of the different kinds of delivery
196(4)
Of the effect of a delivery
200(6)
Of the dissolution of the contract of sale
206(86)
Of a dissolution of the contract by the mutual consent of the parties
206(4)
Of a dissolution of the contract on account of enormous lesion in the price
210(1)
Of the rescissory action of the seller in case of enormous lesion
210(28)
Of the nature of the rescissory action on the part of the seller on account of lesion
211(5)
In what cases there map be a rescission
216(12)
How and by whom this action may be commenced
228(1)
Of the effect of the rescissory action, and of the respective liabilities, to which the seller and the buyer are bound the one towards the other, in this action
228(10)
Of the rescissory action of the buyer
238(6)
Of the nature of this action
239(1)
For what things and in what cases this rescissory action may be brought
240(1)
Of the reciprocal liabilities of the buyer and seller in this action
241(3)
Of the dissolution of the sale which is made in virtue of the clause of redemption
244(33)
Whether the clause of redemption is valid in the contract of sale of an estate, when the buyer is a minor
245(2)
Of the nature of the right of redemption
247(2)
Of the nature of the action of redemption
249(3)
When the redemption may be exercised and against whom
252(1)
Of the reciprocal liabilities of the buyer and seller in this action
253(16)
Of the effect of redemption
269(2)
How the tight of redemption is extinguished
271(6)
Of the clause of dissolution of the contract of sale, if the seller shall, within a certain time, find more advantageous conditions of sale
277(5)
When there is ground for a dissolution of the contract, in virtue of this clause
277(4)
Of the action which results from this clause Observation
281(1)
Of the dissolution of the contract of sale, in virtue of the commissory pact
282(7)
Difference between our own and the Roman law, concerning this pact
283(1)
In whose favor the commissory pact is considered to be made, and what is its effect
283(2)
Of the action which results from the commissory pact
285(3)
Of some particular kinds of commissory pacts
288(1)
First kind
288(1)
Second kind
288(1)
Third kind
289(1)
Whether the delay of either of the parties to execute his obligations is of itself sufficient to give the other a right to demand a dissolution of the contract
289(3)
PART SIXTH OF PROMISES TO SELL AND TO BUY; OF EARNEST; AND OF SOME PARTICULAR KINDS OF SALE
Of promises to sell, promises to buy, and of earnest
292(16)
Of promises to sell
292(6)
What is a promise to sell and when it is considered to be contracted
292(1)
Difference between the contract of sale, and the simple promise to sell
293(1)
Question concerning the effect of a promise to sell
293(2)
Of the different manners in which promises to sell may be made
295(3)
Of promises to buy
298(3)
Of earnest
301(7)
Of the earnest given before the conclusion of the bargain
301(2)
OF earnest given after the bargain is concluded
303(5)
Of forced sales, licitations and judicial sales
308(6)
Of forced sales
308(2)
Of licitations
310(1)
Of judicial sales
311(3)
Of the sale of rights of succession, and of other rights attached to the person of the seller
314(19)
What inheritance map be sold
314(2)
What is included in the sale of an inheritance
316(1)
What are the engagements of the seller
317(6)
What are the engagements of the buyer
323(2)
If, after the assignment, which an heir in part makes of his rights of succession, his coheir renounces the succession, does the part of the latter accrue, as well for profit as to charges, to the assignor, or to the assignee
325(6)
Of the sale of a right of usufruct, and of other rights attached to the person of the seller
331(2)
By the proprietor of the thing
331(1)
By the usufructuary to the proprietor
332(1)
By the usufructuary to a third person
332(1)
Of the sale of annuities and other credits
333(58)
How an annuity or other personal credit map be transferred; and of the difference between such transfer, and that of simple delegation or indication
333(3)
OF the effect of the transfer, and of the notice which ought to be given of it
336(1)
In what consists the obligation of the seller, who transfers an annuity or other credit
337(6)
Different kinds of warranty
337(1)
Of the warranty of fact simply so called
338(1)
Of the warranty resulting from the clause to furnish and make valuable
339(4)
Of the warranty which results from the clause to furnish and make valuable after simple command
343(1)
Of the obligations, which result from good faith, in the contract of sale of an annuity or other credit
344(1)
Whether one map buy a credit of a certain sum for a less price, or an annuity for a price less than its principal
345(1)
Whether one may buy a credit for a price less than the sum due
345(5)
Whether one map buy an annuity for a price less than its principal
350(3)
Of the sale of litigious credits, and of other litigious rights
353(12)
Of the nature and of the obligations of this contract
353(3)
Of the effect of the assignment of litigious rights against the debtor
356(9)
PART SEVEN OF ACTS AND CONTRACTS RESEMBLING THE CONTRACT OF SALE
Of a gift in payment
365(4)
Of the remuneratory donation
369(2)
Of burdensome donations
371(1)
Of donations upon a life annuity
372(2)
Of the contract of exchange, and of the acts which resemble it
373(6)
Of divisions
379(9)
Of licitations between coheirs or coproprietors
388(3)
Of transactions which have some resemblance to the contract of sale
391

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