Text of the provision
Art. 1546. Any affirmation of fact or any promise by the seller relating to the thing is an express warranty if the natural tendency of such affirmation or promise is to induce the buyer to purchase the same, and if the buyer purchases the thing relying thereon. No affirmation of the value of the thing, nor any statement purporting to be a statement of the seller's opinion only, shall be construed as a warranty, unless the seller made such affirmation or statement as an expert and it was relied upon by the buyer.
(n)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full. The three sources consulted do not read identically here; the text above is the reading carried by two of the three, including the Official Gazette.
What this article means
Draws the line between a promise and sales patter. Any affirmation of fact or promise about the thing is an express warranty if its natural tendency is to induce the buyer to purchase and the buyer actually relied on it. By contrast, a statement about the thing's value, or one that is plainly the seller's opinion, is not a warranty — unless the seller made it as an expert and the buyer relied on it as such.
Related provisions
- Article 1523 — Delivery to the Carrier Is Delivery to the Buyer.
- Article 1601 — What Conventional Redemption Is.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.