1382. Sale is a contract by which one party transfers property to the other, for a price in money which that other undertakes to pay, either expressly or by implication.
It is effected by the consent alone of the parties, although the thing sold be not then delivered; subject nevertheless as regards third parties to the provisions contained in articles 957 and 959, and to the special rules concerning transfer of registered vessels.
1383. The contract of sale is subject to the general rules relating to contracts and to the effects and extinction of obligations declared in the Book respecting Obligations, except in cases coming under special provisions of this Code.
1384. When things movable are sold by weight, number or measure, the sale is not perfect until they have been weighed, counted or measured; but the buyer may demand the delivery of them or damages according to circumstances.
1385. The sale of a thing upon trial is presumed to be made under a suspensive condition, when the intention of the parties to the contrary is not apparent.
1386. A simple promise of sale is not equivalent to a sale, but the creditor may demand that the debtor shall complete the sale according to the terms of the promise, and, in default of his or her so doing, that the judgment shall be equivalent to such complete sale and have all its legal effects; or he or she may recover damages according to the rules contained in the Book respecting Obligations.
1387. If a promise of sale be accompanied by the giving of earnest, each of the contracting parties may recede from it; he or she who has given the earnest, by forfeiting it, and he or she who received it, by returning double the amount.
1388. A promise of sale with delivery and actual possession is equivalent to sale.
1389. The expense of the title deed and other accessories to a sale is borne by the buyer, unless it is otherwise stipulated.
1390. The articles of this Book, in so far as they affect the rights of third persons are subject to the special modifications and restrictions contained in the Book respecting Registration of Real Rights.
1391. Persons selling intoxicating liquors to be drunk on the spot, have no action for the recovery of the price.
1391A.
(1) The provisions of this Book, in so far as they relate to the sale of goods, are to be read and construed subject to the provisions of the Commercial Code; and where there is any conflict between the provisions of this Book and those of the Commercial Code the provisions of the Commercial Code shall prevail.
(2) In this article the term “goods” means and includes all corporeal movables except money.
(Added by Act 34 of 1956)