Short answer. No. Article 1524 of the Civil Code is direct: the seller is not bound to deliver the thing sold if the buyer has not paid and no credit term was fixed in the contract. Delivery and payment are linked — no payment, no obligation to hand over the goods.
What the law says
The vendor shall not be bound to deliver the thing sold, if the vendee has not paid him the price, or if no period for the payment has been fixed in the contract.
Civil Code, Article 1524 — Delivery Conditioned on Payment. Read the full provision →
The rule: payment is a condition of delivery
Article 1524 of the Civil Code states a straightforward rule: the seller is not obliged to deliver when the buyer has not paid and the contract fixed no payment period. The two conditions work together. If the buyer has not paid, the seller may withhold. If the contract gave the buyer a credit period — time to pay after delivery — the seller cannot hide behind non-payment as long as that credit period has not expired. But where there is no credit term and no payment, the seller holds the goods lawfully until the price is tendered.
Why this rule exists
Sale is a mutual obligation. The seller is bound to deliver; the buyer is bound to pay. The law does not force one party to perform while the other sits idle. Article 1524 enforces this balance by expressly protecting the seller who has not yet been paid. Without this rule, a seller who signed a contract could be sued for non-delivery even though the buyer never paid and no time was given to defer payment. The article prevents that outcome.
When a credit period changes things
The article draws a clear line around credit arrangements. If the parties agreed that the buyer has until a specified date to pay, the seller cannot use non-payment during that period as a basis for withholding delivery. The credit period is a contractual promise to deliver before receiving payment, and the seller is bound by it. Once the credit period expires without payment, the protection of Article 1524 kicks in again: the seller can withhold further performance or treat the buyer as in default. The critical question is always whether the contract contained a payment period.
Practical steps for a seller facing non-payment
If you are a seller and the buyer has not paid and your contract contains no credit term, you are entitled to hold the goods. Inform the buyer clearly that delivery will not proceed until the price is received. Document your communication. If the buyer demands delivery, refuses to pay, or threatens legal action for non-delivery, your position under Article 1524 is solid — but only if the facts actually show no payment and no credit period. If there is any ambiguity in the contract about whether a payment term was agreed, a lawyer can help you read the document and understand your exposure.