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CHAPTER FIFTH THE OBLIGATIONS OF THE BUYER

Revised Laws of Saint Lucia (2021)

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CHAPTER FIFTH
THE OBLIGATIONS OF THE BUYER

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    1442.   The principal obligation of the buyer is to pay the price of the thing sold.

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    1443.   If the time and place of payment be not fixed by agreement, the buyer must pay at the time and place of delivery.

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    1444.   The buyer is obliged to pay interest on the price in the cases following:

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      1.     In case of a special agreement, from the time fixed by such agreement;

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      2.     In case the thing sold be of a nature to produce fruits or other revenues, from the time of taking possession. But if a term be granted for the payment of the price, the interest is due only from the expiration of such term;

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      3.     In case the thing be not of a nature to produce fruits or revenues, from the time when the buyer is required to pay the price.

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    1445.   If the buyer be disturbed in his possession or have just cause to fear that he or she will be disturbed by any action, hypothecary or in revendication, he or she may delay the payment of the price until the seller causes such disturbance to cease or gives security, unless there is a stipulation to the contrary.

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    1446.   The seller of an immovable cannot demand the avoidance of the sale by reason of the failure of the buyer to pay the price, unless there is a special stipulation to that effect.

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    1447.   The stipulation and right of avoiding the sale of an immovable, by reason of non-payment of the price, are subject to the rules relating to the right of redemption contained in articles 1457, 1458, 1461, 1462.

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    The right can in no case be exercised after the expiration of 10 years from the time of sale.

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    1448.   The judgment for avoidance by reason of non-payment of the price, cannot grant a delay for a longer period than 8 days.

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    1449.   The seller cannot have possession of the thing sold, upon the avoidance of the sale by reason of non-payment of the price, until he or she has repaid to the buyer such part of the price as he or she has received, with the costs of all necessary repairs, and of such improvements as have increased the value of the purchase, to the amount of such increased value. If these improvements be of a nature to be removed, he or she has the option of permitting the buyer to remove them.

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    1450.   The buyer is obliged to restore the thing and also either the fruits and profits received by him or her, or such portion thereof as corresponds with the part of the price that he or she has failed to pay.

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    He or she is also answerable to the seller for the deterioration of the property which has been caused by his or her fault.

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    1451.   The seller is held to have abandoned his right to recover the price when, in consequence of its non-payment, he or she has brought an action for the avoidance of the sale.

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    1452.   A demand of the price by action or other legal proceeding does not deprive the seller of his or her right to obtain the avoidance of the sale for non-payment.

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    1453.   In the sale of movables the right of avoidance for non-payment of the price can only be exercised while the thing sold remains in the possession of the buyer; but this rule is without prejudice to the seller's right of revendication as provided in the Book respecting Privileges and Hypothecs.

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    1454.   In the sale of movables the buyer is bound to take them away at the time and place at which they are deliverable. If the price have not been paid, the sale may be avoided by the seller without the intervention of a suit, after the expiration of the delay agreed upon for taking them away, or if there be no such agreement, after the buyer has been placed in default in the manner provided in the Book respecting Obligations; without prejudice to the seller's claim for damages.

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