Short answer. Yes. Article 1593 provides that rescission of a sale of movable property takes place of right in the vendor's favor if the buyer does not appear to receive the thing upon expiration of the period fixed for delivery. Since the buyer never showed up by the deadline, the sale is rescinded as of right.

What the law says

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

Civil Code, Article 1593 — Sale of Movables: Automatic Rescission. Read the full provision →

Non-appearance at the deadline is enough on its own

Article 1593 directly covers your situation: 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. Because your buyer did not show up to take delivery by the agreed deadline, this specific condition is satisfied. You do not need to show anything more, such as bad faith or an intent to abandon the sale; the simple fact of non-appearance past the fixed delivery period is what the article treats as sufficient.

Why 'of right' means you do not need a court order first

The phrase shall of right take place means the rescission happens automatically once the buyer fails to appear by the deadline, rather than requiring you to first sue and obtain a judgment declaring the sale rescinded. This gives a seller of movable goods a faster, more practical remedy than would otherwise be available, which makes sense given that movable goods can lose value, spoil, or need to be resold to someone else quickly if the original buyer never follows through.

Why the deadline itself has to be clearly fixed

This automatic rescission depends on there having been a period actually fixed for delivery, since the article measures the buyer's failure against the expiration of that specific period. If your sale agreement set a clear delivery deadline and the buyer simply let it pass without appearing, that clarity works in your favor. If the timing was vague or never firmly agreed upon, establishing that a definite period was fixed becomes an important part of relying on this automatic rescission.

What you can do now that the sale is rescinded

With the sale rescinded as of right, you are generally free to treat the goods as your own again and sell them to someone else without waiting for the original buyer's consent or a court's permission. It remains sensible to document the buyer's failure to appear by the deadline, including any communications about the delivery date, since that record supports your position if the original buyer later disputes that the rescission actually occurred.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.