A Civil Law Tradition
Art. 2458. Sale by weight, tale or measure; lump sales. When things are sold by weight, tale, or measure, ownership is transferred between the parties when the seller, with the buyer’s consent, weighs, counts or measures the things. When things, such as goods or produce, are sold in a lump, ownership is, transferred between the parties upon their consent, even though the things are not yet weighed, counted, or measured.
Art. 2457. Transfer of ownership; things not individualized. When the object of a sale is a thing that must be individualized from a mass of things of the same kind, ownership is transferred when the thing is thus individualized according to the intention of the parties.
Art. 517. Voluntary transfer of ownership of an immovable. The ownership of an immovable is voluntarily transferred by a contract between the owner and the transferee that purports to transfer the ownership of the immovable. The transfer of ownership takes place between the parties by the effect of the agreement and is not effective against third persons until the contract is filed for registry in the conveyance records of the parish in which the immovable is located.
Art. 518. Voluntary transfer of the ownership of a movable. The ownership of a movable is voluntarily transferred by a contract between the owner and the transferee that purports to transfer the ownership of the movable. Unless otherwise provided, the transfer of ownership takes place as between the parties by the effect of the agreement and against third persons when the possession of the movable is delivered to the transferee. When possession has not been delivered, a subsequent transferee to whom possession is delivered acquires ownership provided he is in good faith. Creditors of the transferor may seize the movable while it is still in his possession.
Art. 2456. Transfer of ownership. Ownership is transferred between the parties as soon as there is agreement on the thing and the price is fixed, even though the thing sold is not yet delivered nor the price paid.
Art. 2601. Additional terms in acceptance of offer to sell a movable. An expression of acceptance of an offer to sell a movable thing suffices to form a contract of sale if there is agreement on the thing and the price, even though the acceptance contains terms additional to, or different from, the terms of the offer, unless acceptance is made conditional on the offeror’s acceptance of the additional or different terms. Where the acceptance is not so conditioned, the additional or different terms are regarded as proposals for modification and must be accepted by the offeror in order to become a part of the contract. Between merchants, however, additional terms become part of the contract unless they alter the offer materially, or the offer expressly limits the acceptance to the terms of the offer, or the offeree is notified of the offeror’s objection to the additional terms within a reasonable time, in all of which cases the additional terms do not become a part of the contract. Additional terms alter the offer materially when their nature is such that it must be presumed that the offeror would not have contracted on those terms.
Art. 2448. Things that may be sold. All things corporeal or incorporeal, susceptible of ownership, may be the object of a contract or sale, unless the sale of a particular thing is prohibited by law.
Art. 2450. Sale of future things A future thing may be the object of a contract of sale. In such a case the coming into existence of the thing is a condition that suspends the effects of the sale. A party who, through his fault, prevents the coming into existence of the thing is liable for damages.
Art. 2451. Sale of a hope. A hope may be the object of a contract of sale. Thus, a fisherman may sell a haul of his net before he throws it. In that case the· buyer is entitled to whatever is caught in the net, according to the parties’ expectations, and even if nothing is caught the sale is valid.
Art. 2452. Sale of the thing of another. The sale of a thing belonging to another does not convey ownership.
Art. 2443. Purchase of a thing already owned. A person cannot purchase a thing he already owns. Nevertheless, the owner of a thing may purchase the rights of a person who has, or may have, an adverse claim to the thing.
Art. 2448. Things that may be sold. All things corporeal or incorporeal, susceptible of ownership, may be the object of a contract or sale, unless the sale of a particular thing is prohibited by law.
Art. 2450. Sale of future things. A future thing may be the object of a contract of sale. In such a case the coming into existence of the thing is a condition that suspends the effects of the sale. A party who, through his fault, prevents the coming into existence of the thing is liable for damages.
Art. 2451. Sale of a hope. A hope may be the object of a contract of sale. Thus, a fisherman may sell a haul of his net before he throws it. In that case the· buyer is entitled to whatever is caught in the net, according to the parties’ expectations, and even if nothing is caught the sale is valid.
Art. 2452. Sale of the thing of another. The sale of a thing belonging to another does not convey ownership.
Art. 2443. Purchase of a thing already owned. A person cannot purchase a thing he already owns. Nevertheless, the owner of a thing may purchase the rights of a person who has, or may have, an adverse claim to the thing.
Art. 2440. Sale of immovable, method of making. A sale or promise of sale of an immovable must be made by authentic act or by act under private signature, except as provided in Article 1839.
Art. 1839. Transfer of immovable property. A transfer of immovable property must be made by authentic act, or act under private signature. Nevertheless, an oral transfer is valid between the parties when the property has been actually delivered and the transferor recognizes the transfer when interrogated on oath. An instrument involving immovable property shall have effect against third persons only from the time it is filed for registry in the parish where the property is located.
Art. 2442. Recordation of sale of immovable to affect third parties. The parties to an act of sale or promise of sale of immovable property are bound from the time the act is made, but such an act is not effective against third parties until it is filed for registry according to the laws of registry.
Art. 2443. Purchase of a thing already owned. A person cannot purchase a thing he already owns. Nevertheless, the owner of a thing may purchase the rights of a person who has, or may have, an adverse claim to the thing.
R.S. 9:3192. Rule governing conflict between sale and commercial laws. In case of conflict between the provisions of Title VII of Book III of the Civil Code, governing sales and any provisions of any special legislation, such as those contained in Titles 9 and 10 of the Louisiana Revised Statutes of 1950 and the Louisiana Lease of Movables Act, the latter shall prevail with regard to transactions subject thereto.
Art. 2438. Rules of other titles. In all matters for which no special provision is made in this title, the contract of sale is governed by the rules of the titles on Obligations in-General and Conventional Obligations or Contracts.
Art. 1759. Good faith. Good faith shall govern the conduct of the obligor and the obligee in whatever pertains to the obligation.
Art. 523. Good faith; definition. An acquirer of a corporeal movable is in good faith for purposes of this Chapter unless he knows, or should have known, that the transferor was not the owner.
Art. 522. Transfer of ownership by owner under annullable title. A transferee of a corporeal movable in good faith and for fair value retains the ownership of the thing even though the title of the transferor· is annulled on account of a vice of consent.
Art. 530. Presumption of ownership of movable. The possessor of a corporeal movable is presumed to be its owner. The previous possessor of a corporeal movable is presumed to have been its owner during the period of his possession. These presumptions do not avail against a previous possessor who was dispossessed as a result of loss or theft.
Art. 2482. Things not in possession of seller’. When at the time of the sale the seller is not in possession of the thing sold he must obtain possession at his cost and deliver the thing to the buyer.
Art. 2524. Thing fit for ordinary use. The thing sold must be reasonably flt for its ordinary use. ‘When the seller has reason to know the particular use the buyer intends for the thing, or the buyer’s particular purpose for buying the thing, and that the buyer is relying on the seller’s skill or judgment in selecting it, the thing sold must be flt for the buyer’s intended use or for his particular purpose. If the thing is not so flt, the buyer’s rights are governed by the general rules of conventional obligations.
