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POWER TO DEAL WITH THE PRICE AND THE THING SOLD AFTER THE SALE

SECTION I.

Right of the vendor to dispose of the price and of the purchaser to dispose of the thing sold after the conclusion of the contract and prior to delivery.

Article 252. The vendor has a right to dispose of the price of the thing sold before receiving the same.

Example:- A person who has sold property of his own can transfer the price thereof to meet a debt.

Article 253. If the thing sold is real property, the purchaser can sell such real property to another person before taking delivery thereof, lie may not, however, sell movable property.

SECTION II.

Increase and decrease in the price and in the thing sold after the conclusion of the contract.

Article 254. The vendor may increase the amount of the thing sold after the conclusion of the contract. If the purchaser agrees to such increase at the meeting place of the parties, he has a right to insist upon such increase and the vendor may not go back upon his offer. An acceptance by the purchaser after the meeting, however, is invalid.

Example:- A bargain is concluded for the purchase of twenty melons at twenty piastres. The vendor states that he has given five mores if the purchaser accepts at the meeting; he has the right of taking twenty-five melons for twenty piastres. If he fails to accept at the meeting however, but seeks to accept subsequently, the vendor cannot be obliged to give the additional number.

Article 255. The purchaser may increase the fixed price after the conclusion of the sale, if the vendor accepts such increase at the meeting where the offer is made, he has the right to insist upon such increase and the purchaser may not go back upon his offer. If the vendor accepts after the meeting, however, such acceptance is invalid.

Example:- A bargain is concluded for the sale of an animal for one thousand piastres, after the conclusion of the sale, the purchaser states that he has added an additional two hundred piastres. If the vendor accepts at the meeting where the offer is made, he must pay one thousand two hundred piastres for the animal. If the vendor fails to accept at the meeting, however, but signifies his acceptance later, the purchaser cannot be forced to pay the additional two hundred piastres which he has undertaken to give.

Article 256. The vendor may validly deduct a portion of the fixed price after the conclusion of the contract.

Example:- A bargain is concluded for the sale of certain property for one hundred piastres, later, the vendor states that he has deducted twenty piastres. He can only obtain eighty piastres for the property in question.

Article 257. Any increase made by the vendor in the thing sold and by the purchaser in the fixed price, or any decrease on the part of the vendor of the fixed price after the conclusion of the contract becomes a part of the original contract. That is to say, such increase or decrease is contemplated as having been part of the original contract at the time such contract was concluded.

Article 258. If the vendor increases the thing sold after the conclusion of the contract, the increase becomes part of the fixed price.

Examples: –

(I) a vendor adds two water melons to the eight water melons which he has sold for ten piastres. The purchaser agrees and the ten water melons are sold for ten piastres. If the two water melons are destroyed before delivery, the price thereof is deducted from the total price and the vendor can only demand eight piastres for the eight water melons,

(2) A vendor sells a piece of land measuring one thousand yards for ten thousand piastres. After the sale he adds one hundred yards, to which the purchaser agrees. If a person claiming a right of pre-emption comes forward, he can take the whole amount represented by the ten thousand piastres, that is to say, one thousand one hundred yards.

 

Article 259. If the purchaser increases the fixed price after the conclusion of the contract, the sum total of the fixed price together with the increase becomes the corresponding value of the thing sold in respect to the two contracting parties.

Example:- A purchaser buys a piece of real property held in absolute ownership for ten thousand piastres. Before taking delivery he adds five hundred piastres, to which the vendor agrees. The price of the real property in question is ten thousand five hundred piastres. If a person who is entitled to such property comes forward, proves his case, obtains judgment, and takes possession of the real property in question, the purchaser is entitled to claim the sum of ten thousand five hundred piastres from the vendor. If a person claiming a right of pre emption to such real property comes forward, such person can take the real property in question for ten thousand piastres, but the vendor cannot claim the five hundred piastres subsequently added from the person claiming the right of pre-emption, because such person’s right is based upon the fixed price in the original contract, the subsequent increase to the original contract affecting the contracting parties only and in no way invalidating such person’s claim.

Article 260. If the vendor reduces the price of the thing sold after the conclusion of the contract, the remainder of the fixed price is the corresponding value of the whole of the thing sold.

Example:- A piece of real property held in absolute ownership is bought for ten thousand piastres. The vendor deducts one thousand piastres, the price of the real property in question is nine thousand piastres, and consequently, if a person claiming a right of pre-emption comes forward, he may take such property for nine thousand piastres.

Article 261. The vendor may deduct the whole of the price of the thing sold before delivery, but this is not part of the original contract.

Example:- The vendor sells a piece of real property held in absolute ownership for ten thousand piastres. Prior to delivery he forgoes the price thereof altogether. A person claiming to have a right of pre-emption may take such real property for ten thousand piastres. He may not claim to take it for nothing