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Home Life and Style Quick Reference French Law The Obligations of the Buyer

The Obligations of the Buyer

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Art. 1650

The main obligation of the buyer is to pay the price on the day and at the place fixed by the sale.

Art. 1651

Where nothing has been fixed in this regard at the time of the sale, the buyer must pay at the place and at the time where and when delivery is to be made.

Art. 1652

The buyer owes interest on the price of the sale up to the time of the payment, in the three following cases:

Where it has been so agreed at the time of the sale;

Where the thing sold and delivered produces fruits or other incomes;

Where the buyer is under notice to pay.

In that last case, interest runs only from the notice.

Art. 1653

Where the buyer is disturbed or rightly fears that he will be disturbed by an action, either for a mortgage or for recovery of property, he may suspend the payment of the price until the seller has caused the disturbance to cease, unless the latter prefers to give security, or unless it was stipulated that the buyer will pay notwithstanding a disturbance.

Art. 1654

Where the buyer does not pay the price, the seller may apply for avoidance of the sale.

Art. 1655

The avoidance of a sale of immovables shall be ordered at once where the seller is in danger of losing the thing and the price.

Where that danger does not exist, the judge may grant the purchaser a period more or less long according to the circumstances.

Where that period expires without the buyer having paid, the avoidance of the sale shall be ordered.

Art. 1656

Where it has been stipulated at the time of the sale of immovables that, failing payment within the period agreed upon, the sale will be avoided by operation of law, the purchaser may nevertheless pay after the expiry of the period, so long as he is not given notice by a demand for payment; but, after that demand, the judge may not grant him any period.

Art. 1657

In matters of sale of commodities and movable effects, the avoidance of the sale takes place by operation of law, and without any demand, for the benefit of the seller, after the expiry of the period agreed upon for the removal.

 

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