2471th Sec 0488

ลักษณะ ๑ ซื้อขาย

หมวด ๓ หน้าที่ของผู้ซื้อ

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มาตรา 488

• ถ้าผู้ซื้อพบเห็นความชำรุดบกพร่องในทรัพย์สินซึ่งตนได้รับซื้อ ผู้ซื้อชอบที่จะยึดหน่วงราคาที่ยังไม่ได้ชำระไว้ได้ทั้งหมดหรือแต่บางส่วน เว้นแต่ผู้ขายจะหาประกันที่สมควรให้ได้

Section 488. (Draft in English from Vol.93)

• If the buyer has discovered defects in the property sold, he is entitled to withhold the price or part of it still unpaid, unless the seller gives proper security.

《Genealogies》

1. Draft of 1919: Ob.411
2. Draft of April 1924: 476
3. Book III of January 1925: 488 (→Record of Revision in Vol.54)

《References》

☆ quoted from “INDEX” (→Original Table in Vol.54) with supplementary entries in […]

1. Fr. Code (1804):
2. Gr. Code (1896): [462], 478; Com.369 [??] [Com.377]
3. Swiss Code (1911):
4. Jp. Code (1896): [566 together with 570], 576
5. English Law:
6. Miscellaneous:

《Comments》

The relevant sources are as follows:

• German Civil Code (1896), Sec. 462;
  • On account of a defect for which the seller is responsible under the provisions of 459, 460, the purchaser may demand annulment of the sale (i.e, cancellation), or reduction of the purchase price (i.e., reduction).
• German Commercial Code (1897); Sec. 377;
  • [I] If the sale is a bilateral mercantile transaction the purchaser must examine the goods immediately after their delivery by the vendor, as far as this is practicable in the ordinary course of business, and upon the discovery of any defect must immediately give notice thereof to the vendor.
  • [II] A purchaser failing to give such notice shall be deemed to have accepted the goods, unless the defect in question is one not discernible by such examination.
  • [III] Upon the subsequent appearance of a defect not discoverable by such examination, notice thereof must be given immediately upon its being discovered, otherwise the goods will be held to have been accepted notwithstanding such defect.
  • [IV] The purchaser's rights are sufficiently protected by the sending off of the notice at the proper time.
  • [V] If a vendor intentionally conceals any defect he cannot rely upon the rules of this section.
• Japanese Civil Code (1896, 98);
  • Art.566;
    • [I] In case the thing which is the subject of the sale is encumbered with a superficies, emphyteusis, servitude, lien, or pledge, the purchaser may rescind the contract if he was ignorant of the fact, but only in case the object of the contract cannot be attained on account thereof. In other cases, however, he can only demand compensation for damage.
    • [II] The provisions of the preceding Paragraph apply correspondingly if a servitude declared to exist in favour of an immovable which is the subject of a sale does not exist, and when there is a registered lease on the immovable.
    • [III] In the cases of the preceding two Paragraphs the rescission of the contract or the demand for compensation for damage must be made within one year from the moment when the purchaser has become aware of the facts.
  • Art.570;
    • When there are hidden (latent) defects in the thing which is the subject of the sale, the provisions of Art. 566 apply correspondingly except in the case of compulsory sale by auction.
  • Art.576;
    • When owing to there being a third person who asserts a claim to the subject of a sale the purchaser is in danger of losing the whole or part of the right purchased, the purchaser may refuse to pay the whole or part of the purchase money in proportion to the extent of the impending loss, except when the seller has furnished reasonable security.