Treatise on the Contract of Sale 1839

, by Pothier, Robert Joseph; Cushing, Luther Stearns

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ISBN: 9781886363823 | 188636382X
Cover: Hardcover
Copyright: 1/30/2000

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Supplemental Materials

Preliminary Article

(2)

PART FIRST. OF THE NATURE OF THE CONTRACT OF SALE AND OF THAT WHICH CONSTITUTES ITS SUBSTANCE

Of the nature of this contract

(1)

Of that which constitutes the substance of the contract of sale

(1)

Of the thing

(8)

Of the price

(6)

Of the first quality of the price

(3)

Second quality of the price

(3)

Third quality of the price

(1)

Of the consent

(8)

Of the manner which the consent ought to intervene

(3)

In relation to what things there must be a consent

(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

(116)

Of the obligation to deliver the thing, and until the delivery, to watch over its preservation

(1)

What is comprised in the obligation to deliver the thing

(3)

Of the time and place of delivery

(1)

Of the time

(1)

Of the place

(1)

OF the obligation to keep the thing until the delivery

(1)

When the extinction or loss of possession of the thing will discharge the seller's obligation to deliver it

(3)

Of the loss or extinction of the thing

(2)

Of the case in which the thing sold ceases to be an article of commerce

(1)

Of the case in which the seller loses possession of the thing sold, subsequent to the contract

(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

(15)

Of the nature of the action ex empto

(1)

What the buyer must do, in order to be allowed to commence this action

(3)

Whether the buyer, in virtue of the action ex empto, can take the thing sold by force

(2)

Into what the action ex empto is resolved in default of delivery

(4)

Of the damages for which the seller is liable in default of delivery

(2)

Of the damages which may be claimed by the buyer, on account of a delay in the delivery

(3)

Of the obligation to warrant the buyer against evictions

(1)

What is an eviction

(1)

What evictions give rise to warranty

(1)

First maxim

(3)

Second maxim

(1)

Third maxim

(1)

Fourth maxim

(1)

From whom the eviction must be made

(3)

What thing must be evicted, in order to give rise to the warranty

(1)

Of the action which results from We obligation of warranty

(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

(2)

When We action of warranty may be commenced

(2)

Against whom the action of warranty may be brought

(2)

Of the taking, and of the refusal to take, the act and cause of We buyer

(2)

General rules concerning the amount in which the seller ought to be condemned, if he fails in the action of warranty

(1)

First object of condemnation

(2)

Second object of condemnation

(3)

Third object of condemnation

(1)

Fourth object of condemnation

(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

(2)

Of the amount in which the seller ought to be condemned, when it is a second buyer who suffers the eviction

(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

(2)

Of some particular cases which give rise to questions concerning the action of warranty

(1)

First case

(3)

Second case

(3)

Third case

(1)

Fourth case

(2)

Fifth case

(2)

Sixth case

(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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Treatise on the Contract of Sale 1839

Table of Contents

Supplemental Materials