Sale – Possession, presumption of ownership; good faith

Sale – Possession, presumption of ownership; good faith

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.