Article 1582.
The vendee is bound to accept delivery and to pay the price of the thing sold at the time
and place stipulated in the contract. If the time and place should not have been stipulated, the payment
must be made at the time and place of the delivery of the thing sold. (1500a) Article 1583. Unless
otherwise agreed, the buyer of goods is not bound to accept delivery thereof by installments. Where
there is a contract of sale of goods to be delivered by stated instalments, which are to be separately paid
for, and the seller makes defective deliveries in respect of one or more instalments, or the buyer
neglects or refuses without just cause to take delivery of or pay for one or more instalments, it depends
in each case on the terms of the contract and the circumstances of the case, whether the breach of
contract is so material as to justify the injured party in refusing to proceed further and suing for
damages for breach of the entire contract, or whether the breach is severable, giving rise to a claim for
compensation but not to a right to treat the whole contract as broken. (n) Article 1584. Where goods are
delivered to the buyer, which he has not previously examined, he is not deemed to have accepted them
unless and until he has had a reasonable opportunity of
examining them for the purpose of ascertaining whether they are in conformity with the contract if
there is no stipulation to the contrary. Unless otherwise agreed, when the seller tenders delivery of
goods to the buyer, he is bound, on request, to afford the buyer a reasonable opportunity of examining
the goods for the purpose of ascertaining whether they are in conformity with the contract. Where
goods are delivered to a carrier by the seller, in accordance with an order from or agreement with the
buyer, upon the terms that the goods shall not be delivered by the carrier to the buyer until he has paid
the price, whether such terms are indicated by marking the goods with the words "collect on delivery,"
or otherwise, the buyer is not entitled to examine the goods before the payment of the price, in the
absence of agreement or usage of trade permitting such examination. (n) Article 1585. The buyer is
deemed to have accepted the goods when he intimates to the seller that he has accepted them, or
when the goods have been delivered to him, and he does any act in relation to them which is
inconsistent with the ownership of the seller, or when, after the lapse of a reasonable time, he retains
the goods without intimating to the seller that he has rejected them. (n) Article 1586. In the absence of
express or implied agreement of the parties, acceptance of the goods by the buyer shall not discharge
the seller from liability in damages or other legal remedy for breach of any promise or warranty in the
contract of sale. But, if, after acceptance of the goods, the buyer fails to give notice to the seller of the
breach in any promise of warranty within a reasonable time after the buyer knows, or ought to know of
such breach, the seller shall not be liable therefor. (n) Article 1587. Unless otherwise agreed, where
goods are delivered to the buyer, and he refuses to accept them, having the right so to do, he is not
bound to return them to the seller, but it is sufficient if he notifies the seller that he refuses to accept
them. If he voluntarily constitutes himself a depositary thereof, he shall be liable as such. (n) Article
1588. If there is no stipulation as specified in the first paragraph of article 1523, when the buyer's refusal
to accept the goods is without just cause, the title thereto passes to him from the moment they are
placed at his disposal. (n) Article 1589. The vendee shall owe interest for the period between the
delivery of the thing and the payment of the price, in the following three cases: (1) Should it have been
so stipulated; (2) Should the thing sold and delivered produce fruits or income; (3) Should he be in
default, from the time of judicial or extrajudicial demand for the payment of the price. (1501a) Article
1590. Should the vendee be disturbed in the possession or ownership of the thing acquired, or should
he have reasonable grounds to fear such disturbance, by a vindicatory action or a foreclosure of
mortgage, he may suspend the payment of the price until the vendor has caused the disturbance or
danger to cease, unless the latter gives security for the return of the price in a proper case, or it has
been stipulated that, notwithstanding any such contingency, the vendee shall be bound to make the
payment. A mere act of trespass shall not authorize the suspension of the payment of the price. (1502a)
Article 1591. Should the vendor have reasonable grounds to fear the loss of immovable property sold
and its price, he may immediately sue for the rescission of the sale. Should such ground not exist, the
provisions of article 1191 shall be observed. (1503) Article 1592. In the sale of immovable property, even
though it may have been stipulated that upon failure to pay the price at the time agreed upon the
rescission of the contract shall of right take place, the vendee may pay, even after the expiration of the
period, as long as no demand for rescission of the contract has been made upon him either judicially or
by a notarial act. After the demand, the court may not grant him a new term. (1504a) Article 1593. With
respect to movable property, the rescission of the sale shall of right take place in the interest of the
vendor, if the vendee, upon the expiration of the period fixed for the delivery of the thing, should not
have appeared to receive it, or, having appeared, he should not have tendered the price at the same
time, unless a longer period has been stipulated for its payment. (1505)
