Text of the provision
Art. 1494. Where the parties purport a sale of specific goods, and the goods without the knowledge of the seller have perished in part or have wholly or in a material part so deteriorated in quality as to be substantially changed in character, the buyer may at his option treat the sale:
(1) As avoided; or
(2) As valid in all of the existing goods or in so much thereof as have not deteriorated, and as binding the buyer to pay the agreed price for the goods in which the ownership will pass, if the sale was divisible.
(n)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
Where specific goods have, without the seller's knowledge, perished or materially deteriorated before sale, the buyer may treat the sale as avoided, or (if divisible) as valid for the sound goods, paying the agreed price for those.
Related provisions
- Article 1493 — Loss of the Thing at Perfection.
- Article 1495 — Threefold Obligation of the Vendor.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.