1924th Book3 Title01 Chapter04 Part02

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BOOK III ON SPECIFIC CONTRACTS. (April 1924)

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TITLE I. Sale.

Chapter IV. Of some particular kinds of Sales.

Part II. Sale by Sample. – Sale on Approval.
Section 507.
  • [I] In a sale by sample, the seller is bound to deliver property or properties corresponding to the sample.
  • [II] If the sample is lost or damaged, the burden of proof that the property delivered does not correspond to the sample lies on the buyer.

《Genealogies》

  1. Draft of 1919: Ob.442
  2. Code of January 1925: 503
  3. Code of January 1929: 503
Section 508.
  • The liability on account of non-correspondence to the sample is extinguished by prescription one year after delivery.

《Genealogies》

  1. Draft of 1919: Ob.443
  2. Code of January 1925: 504
  3. Code of January 1929: 504
Section 509.
  • A sale on approval is a sale made on condition that the buyer shall have the opportunity to examine the property before acceptance.

《Genealogies》

  1. Draft of 1919: Ob.444
  2. Code of January 1925: 505
  3. Code of January 1929: 505
Section 510.
  • If no time is fixed for the examination of the property, the seller can fix a reasonable time and notify
  • the buyer to answer within that time whether he accepts the property or not.

《Genealogies》

  1. Draft of 1919: Ob.445
  2. Code of January 1925: 506
  3. Code of January 1929: 506
Section 511.
  • If the property is to be examined by the buyer before delivery and the buyer does not accept it within the time fixed by the contract or by <the>[a] notification [from the seller], the contract is extinguished.

《Genealogies》

  1. Draft of 1919: Ob.446
  2. Code of January 1925: 507
  3. Code of January 1929: 507
Section 512.
  • When the property has been delivered to the buyer in order that he may examine it, the sale is complete in the following cases:
    • (1) If the buyer does not notify his refusal within the time fixed by the contract or by the notification, or
    • (2) If the buyer does not return the property within that time, or
    • (3) If the buyer <after delivery> pays the price or part of it, or
    • (4) If the buyer disposes of the property or uses it otherwise than for the purpose of examining it.

《Genealogies》

  1. Draft of 1919: Ob.447
  2. Code of January 1925: 508
  3. Code of January 1929: 508