Text of the provision
Art. 1588. If there is no stipulation as specified in the first paragraph of article 1523, when the buyer's refusal to accept the goods is without just cause, the title thereto passes to him from the moment they are placed at his disposal.
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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 the buyer's refusal is without just cause, title passes to him from the moment the goods are placed at his disposal.
Ordinarily, ownership of goods passes only upon actual or constructive delivery — tradition — from seller to buyer. This article carves out an exception for a buyer who refuses to accept goods without any just cause: title is deemed to pass by operation of law from the moment the goods are placed at his disposal, even though no physical delivery ever occurs. The practical effect is to shift the risk of loss or deterioration of the goods onto the wrongfully refusing buyer, so that he cannot avoid the consequences of ownership simply by declining to take possession.
Questions about this provision
- If the buyer refuses to accept the goods without just cause, who bears the risk of their loss?
- I refused to accept goods that were properly placed at my disposal without just cause. Did title pass to me?
Related provisions
- Article 1587 — Buyer's Refusal to Accept.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.