Article 1495. The vendor is bound to transfer the Article 1503.

When there is a contract of sale of specific

ownership of and deliver, as well as warrant the thing goods, the seller may, by the terms of the contract,
which is the object of the sale. (1461a) reserve the right of possession or ownership in the goods
until certain conditions have been fulfilled. The right of
Article 1496. The ownership of the thing sold is acquired possession or ownership may be thus reserved
by the vendee from the moment it is delivered to him in notwithstanding the delivery of the goods to the buyer or
any of the ways specified in articles 1497 to 1501, or in to a carrier or other bailee for the purpose of transmission
any other manner signifying an agreement that the to the buyer.
possession is transferred from the vendor to the vendee. Where goods are shipped, and by the bill of lading
Article 1497. The thing sold shall be understood as the goods are deliverable to the seller or his agent, or to
delivered, when it is placed in the control and possession the order of the seller or of his agent, the seller thereby
of the vendee. (1462a) reserves the ownership in the goods. But, if except for the
form of the bill of lading, the ownership would have
Article 1498. When the sale is made through a public passed to the buyer on shipment of the goods, the seller's
instrument, the execution thereof shall be equivalent to property in the goods shall be deemed to be only for the
the delivery of the thing which is the object of the purpose of securing performance by the buyer of his
contract, if from the deed the contrary does not appear or obligations under the contract.
cannot clearly be inferred. Where goods are shipped, and by the bill of lading
With regard to movable property, its delivery may the goods are deliverable to order of the buyer or of his
also be made by the delivery of the keys of the place or agent, but possession of the bill of lading is retained by
depository where it is stored or kept. (1463a) the seller or his agent, the seller thereby reserves a right
to the possession of the goods as against the buyer.
Article 1499. The delivery of movable property may
Where the seller of goods draws on the buyer for
likewise be made by the mere consent or agreement of
the price and transmits the bill of exchange and bill of
the contracting parties, if the thing sold cannot be
lading together to the buyer to secure acceptance or
transferred to the possession of the vendee at the time of
payment of the bill of exchange, the buyer is bound to
the sale, or if the latter already had it in his possession for
return the bill of lading if he does not honor the bill of
any other reason. (1463a)
exchange, and if he wrongfully retains the bill of lading he
Article 1500. There may also be tradition constitutum acquires no added right thereby. If, however, the bill of
possessorium. (n) lading provides that the goods are deliverable to the buyer
or to the order of the buyer, or is indorsed in blank, or to
Article 1501. With respect to incorporeal property, the the buyer by the consignee named therein, one who
provisions of the first paragraph of article 1498 shall purchases in good faith, for value, the bill of lading, or
govern. In any other case wherein said provisions are not goods from the buyer will obtain the ownership in the
applicable, the placing of the titles of ownership in the goods, although the bill of exchange has not been
possession of the vendee or the use by the vendee of his honored, provided that such purchaser has received
rights, with the vendor's consent, shall be understood as a delivery of the bill of lading indorsed by the consignee
delivery. (1464) named therein, or of the goods, without notice of the
facts making the transfer wrongful. (n)
Article 1502. When goods are delivered to the buyer "on sale
or return" to give the buyer an option to return the goods Article 1504. Unless otherwise agreed, the goods remain
instead of paying the price, the ownership passes to the at the seller's risk until the ownership therein is
buyer on delivery, but he may revest the ownership in the transferred to the buyer, but when the ownership therein
seller by returning or tendering the goods within the time
is transferred to the buyer the goods are at the buyer's
fixed in the contract, or, if no time has been fixed, within a
risk whether actual delivery has been made or not, except
reasonable time. (n)
that:
When goods are delivered to the buyer on approval
(1) Where delivery of the goods has been made to
or on trial or on satisfaction, or other similar terms, the
the buyer or to a bailee for the buyer, in pursuance of the
ownership therein passes to the buyer:
contract and the ownership in the goods has been
(1) When he signifies his approval or acceptance to
the seller or does any other act adopting the transaction; retained by the seller merely to secure performance by
(2) If he does not signify his approval or acceptance the buyer of his obligations under the contract, the goods
to the seller, but retains the goods without giving notice of are at the buyer's risk from the time of such delivery;
rejection, then if a time has been fixed for the return of the (2) Where actual delivery has been delayed
goods, on the expiration of such time, and, if no time has through the fault of either the buyer or seller the goods
been fixed, on the expiration of a reasonable time. What is a are at the risk of the party in fault. (n)
reasonable time is a question of fact.
Article 1505. Subject to the provisions of this Title, where
goods are sold by a person who is not the owner thereof,
and who does not sell them under authority or with the
consent of the owner, the buyer acquires no better title to
the goods than the seller had, unless the owner of the
goods is by his conduct precluded from denying the
seller's authority to sell.
Nothing in this Title, however, shall affect:
(1) The provisions of any factors' act, recording
laws, or any other provision of law enabling the apparent
owner of goods to dispose of them as if he were the true
owner thereof;
(2) The validity of any contract of sale under
statutory power of sale or under the order of a court of
competent jurisdiction;
(3) Purchases made in a merchant's store, or in
fairs, or markets, in accordance with the Code of
Commerce and special laws. (n)

Article 1506. Where the seller of goods has a voidable title

thereto, but his title has not been avoided at the time of
the sale, the buyer acquires a good title to the goods,
provided he buys them in good faith, for value, and
without notice of the seller's defect of title. (n)