Civil Code Art. 1504: Obligations of the Vendor

Statute: Civil Code
Article: Art. 1504
Topic: Obligations of the Vendor
Status: In force
Book: BOOK IV Obligations and Contracts
Title: TITLE VI SALES
Chapter: CHAPTER 4 Obligations of the Vendor
Year: 1949
Cited by: Multiple Supreme Court decisions

The provision

Unless otherwise agreed, the goods remain at the seller's risk until the ownership therein is transferred to the buyer, but when the ownership therein is transferred to the buyer the goods are at the buyer's risk whether actual delivery has been made or not, except that: (1) Where delivery of the goods has been made to the buyer or to a bailee for the buyer, in pursuance of the contract and the ownership in the goods has been retained by the seller merely to secure performance by the buyer of his obligations under the contract, the goods are at the buyer's risk from the time of such delivery; (2) Where actual delivery has been delayed through the fault of either the buyer or seller the goods are at the risk of the party in fault. (n)

Cases applying this article

Gaisano Cagayan v. Insurance Company of North America G.R. No. 147839
Cornelio Cruz v. Pablo Reyes G.R. No. 35859

Related provisions in this Chapter

Civil Code, Art. 1503 Obligations of the Vendor
Civil Code, Art. 1506 Obligations of the Vendor
Civil Code, Art. 1507 Obligations of the Vendor
Civil Code, Art. 1508 Obligations of the Vendor
Civil Code, Art. 1509 Obligations of the Vendor
Civil Code, Art. 1498 Obligations of the Vendor
Civil Code, Art. 1510 Obligations of the Vendor

Related research

In-depth Intellegal research that analyzes this provision.

Contract of Sale in the Philippines

Civil Code, Art. 1504 is found in CHAPTER 4 Obligations of the Vendor of TITLE VI SALES of BOOK IV Obligations and Contracts of the Civil Code of the Philippines (Republic Act No. 386).

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Reviewed by the Intellegal Legal Team for currency against amending laws and Supreme Court jurisprudence.

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