The Nature and Form of Sale

Art. 1582
A sale is an agreement by which one person binds himself to deliver a thing, and another to pay for it.
It may be made by an authentic instrument or by an instrument under private signature. Art. 1583
It is complete between the parties, and ownership is acquired as of right by the buyer with respect to the seller, as soon as the thing and the price have been agreed upon, although the thing has not yet been delivered or the price paid. Art. 1584
A sale may be made outright or subject to a condition either precedent or subsequent.
It may also have as its object two or more alternative things.

In all these cases, its effect is regulated by the general principles relating to agreements. Art. 1585
Where goods are not sold in bulk but by weight, number or measure, a sale is not complete, in that the things sold are at the risk of the seller until they have been weighed, counted or measured; but the buyer may claim either the delivery or damages, if there is occasion, in case of non-performance of the undertaking.    Art. 1586
Where, on the contrary, the goods have been sold in bulk, the sale is complete although the goods have not yet been weighed, counted or measured.    Art. 1587
With respect to wine, oil and other things which it is customary to taste before buying them, there is no sale so long as the buyer has not tasted and accepted them.    Art. 1588
A sale made upon trial shall always be deemed made under a condition precedent.    Art. 1589
A promise of sale is the same as a sale, where there is reciprocal consent of both parties as to the thing and the price.
(Act of 30 July 1930) Where that promise relates to plots already in lots or to be in lots, its acceptance and the agreement that will result therefrom shall be established by the payment of an instalment on the price, whatever the name given to that instalment may be, and by the vesting with possession of the plot.
The date of the agreement, even put into legal form afterwards, is that of the payment of the first instalment.    Art. 1589-1
(Act no 2000-1208 of 13 Dec. 2000)
Is rendered void any unilateral undertaking entered into for the purpose of acquiring an immovable property or right for which a payment is required or received from the person who binds himself, whatever the cause and the form thereof may be.    Art. 1590
Where a promise to sell was made with an earnest, each contracting party is at liberty to withdraw.
The one who has given it, by losing it.
And the one who has received it, by returning twice the amount.    Art. 1591
The price of a sale must be determined and stated by the parties.    Art. 1592
It may however left to the estimation of a third person; where that person is unwilling or unable to make an estimate, there is no sale.    Art. 1593
The costs of instruments and other accessory to a sale shall be charged to the buyer.    Article 1589-2
(Ord. no 2005-1512 of 7 Dec. 2005)
Is void and of no effect a unilateral undertaking to sell relating to an immovable, business assets, a right to a lease concerning the whole or part of an immovable or to the securities of the companies referred to in Articles 728 and 1655 ter of the General Code of Taxation, where it is not established by an authentic instrument or by an instrument under private signature registrated within ten days as from the date of its acceptance by the beneficiary. So shall it be with any transfer relating to said undertakings which has not been the subject of an authentic instrument or of an instrument under private signature registrated within ten days as from its date.