reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART III - Contracts Relating to Property by Reason of Marriage (§§ 3551 — 3717) › Chapter 275 - Separation of Property of Spouses (§§ 3711 — 3717) › § 3714 - Entry and record of suit for separation of property and final judgment

The suit for the separation of property in case of divorce, and the final judgment declaring it, when involving real property, shall be entered and recorded, respectively, in the proper registries of property.
History —Civil Code, 1930, § 1330.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART III - Contracts Relating to Property by Reason of Marriage (§§ 3551 — 3717) › Chapter 275 - Separation of Property of Spouses (§§ 3711 — 3717) › § 3715 - Prior rights of creditors not prejudiced

The separation of the property shall not prejudice rights previously acquired by creditors.
History —Civil Code, 1930, § 1331.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART III - Contracts Relating to Property by Reason of Marriage (§§ 3551 — 3717) › Chapter 275 - Separation of Property of Spouses (§§ 3711 — 3717) › § 3716 - Termination of separation

If the separation should cease because the causes have disappeared, the property of the marriage shall again be governed by the same rules as before the separation, without prejudice to what may have been legally done during the same.
At the time of reunion the spouses shall specify in a public instrument the property which they bring anew, and said property shall be that forming the private estate of each one of them respectively.
In the case mentioned in this section, all said property shall always be considered as new property brought to the marriage, even though it be the same, either partially or wholly, which existed before the liquidation made by reason of the separation.
History —Civil Code, 1930, § 1332.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 279 - Nature and Form of Contract (§§ 3741 — 3752) › § 3741 - Contract of purchase and sale defined

By a contract of purchase and sale one of the contracting parties binds himself to deliver a specified thing and the other to pay a certain price therefor in money or in something representing the same.
History —Civil Code, 1930, § 1334.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 279 - Nature and Form of Contract (§§ 3741 — 3752) › § 3742 - Nature of contract when price partly in money; barter

If the price of the sale should consist partly in money and partly in something else, the contract shall be judged by the manifest intention of the contracting parties. When this intention should not appear, the contract shall be considered as a barter if the value of the thing given as a part of the price exceeds that of the money or its equivalent, and otherwise it shall be considered as a sale.
History —Civil Code, 1930, § 1335.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 279 - Nature and Form of Contract (§§ 3741 — 3752) › § 3743 - When price considered fixed

In order that the price may be considered fixed, it shall be sufficient that it be fixed with regard to another determinate thing also specific, or that the determination of the same be left to the judgment of a specified person.
Should such person not be able to or not wish to fix the price, the contract shall be of no effect.
History —Civil Code, 1930, § 1336.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 279 - Nature and Form of Contract (§§ 3741 — 3752) › § 3744 - Price of securities, grains, liquids, etc

The price of securities, grain, liquids, and of other perishable things shall also be considered as fixed when the prices fixed are the same as the things, if sold, would have on a certain day on exchange or on the market, or when a certain amount is fixed above or below the price of such day, on exchange or on the market, provided said price be fixed.
History —Civil Code, 1930, § 1337.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 279 - Nature and Form of Contract (§§ 3741 — 3752) › § 3745 - One party cannot determine price

The determination of the price can never be left to the judgment of one of the contracting parties.
History —Civil Code, 1930, § 1338.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 279 - Nature and Form of Contract (§§ 3741 — 3752) › § 3746 - When sale perfected and binding

The sale shall be perfected between vendor and vendee and shall be binding on both of them, if they have agreed upon the thing which is the object of the contract and upon the price, even when neither has been delivered.
History —Civil Code, 1930, § 1339.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 279 - Nature and Form of Contract (§§ 3741 — 3752) › § 3747 - Effect of promise to sell or buy

A promise to sell or buy, there being an agreement as to the thing and price, gives a right to the contracting parties to mutually demand the fulfilment of the contract.
Whenever the promise to purchase and sell cannot be fulfilled, the provisions of this subtitle relating to obligations and contracts, shall be observed by the vendor and by the vendee, as the case may be.
History —Civil Code, 1930, § 1340.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 279 - Nature and Form of Contract (§§ 3741 — 3752) › § 3748 - Injury to or profit of thing sold

The injury to or the profit of the thing sold shall, after the contract has been perfected, be governed by the provisions of §§ 3013 and 3191 of this title.
This rule shall be applied to the sale of perishable things, made independently and for a single price, or without consideration as to weight, number, or measure.
If the perishable things should be sold for a price fixed with regard to weight, number, or measure, the risk shall not be charged to the vendee, until they have been weighed, counted, or measured, unless the latter should be in default.
History —Civil Code, 1930, § 1341.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 279 - Nature and Form of Contract (§§ 3741 — 3752) › § 3749 - Sales subject to approval or trial

A sale, made subject to approval or trial of the things sold, and the sales of things which it is usual to test or try before being received, shall always be considered as made under a condition precedent.
History —Civil Code, 1930, § 1342.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 279 - Nature and Form of Contract (§§ 3741 — 3752) › § 3750 - Rescission of contract when earnest money or pledge given

When earnest money or a pledge has been given in the contract of purchase and sale, the contract may be rescinded, if the vendee should agree to forfeit the money or the vendor to return double the amount.
History —Civil Code, 1930, § 1343.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 279 - Nature and Form of Contract (§§ 3741 — 3752) › § 3751 - Expense of execution of instrument and copies

The expense of the execution of the instrument shall be for the account of the vendor, and those of the first copy and those subsequent to the sale shall be charged to the vendee, unless there is an agreement to the contrary.
History —Civil Code, 1930, § 1344.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 279 - Nature and Form of Contract (§§ 3741 — 3752) › § 3752 - Forcible alienation for public utility

Forcible alienation by reason of public utility shall be governed by the provisions of special laws.
History —Civil Code, 1930, § 1345.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 281 - Capacity to Purchase or Sell (§§ 3771 — 3773) › § 3771 - Who May execute contract

A contract of purchase and sale may be executed by all persons who, according to this title, are authorized to bind themselves, excepting the modifications contained in the following sections.
History —Civil Code, 1930, § 1346.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 281 - Capacity to Purchase or Sell (§§ 3771 — 3773) › § 3772 - Mutual sales between husband and wife

The husband and the wife cannot mutually sell property to each other, except in case the separation of property has been agreed upon or when a judicial separation of the said property should have taken place, authorized in accordance with the provisions of §§ 3711-3716 of this title.
History —Civil Code, 1930, § 1347.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 281 - Capacity to Purchase or Sell (§§ 3771 — 3773) › § 3773 - Persons who cannot acquire by purchase

The following persons cannot acquire by purchase, even at public or judicial auction, neither in person nor by an agent:
(1) The guardian, with regard to the property of the person or persons who may be under his/her guardianship.
(2) Agents with regard to the property the administration or sale of which may have been entrusted to them.
(3) Executors and accountant-distributors regarding the property entrusted to their care.
(4) Public officials regarding the property belonging to the Government of the Commonwealth of Puerto Rico, the municipalities, agencies and instrumentalities and also of public institutions whose administration has been entrusted to them.
This provision shall apply to judges and experts who, in any manner whatsoever, intervene in the sale.
(5) Judges, members of the department of public prosecution, clerks of superior and inferior courts, and officials of justice, the property and rights in litigation before the court in whose jurisdiction or territory they exercise their respective duties, this prohibition including the act of acquiring by assignments.
From this rule shall be excepted the cases in which hereditary action among coheirs are involved, or assignments in payment of debts, or security for the goods they may possess.
The prohibition contained in this subsection (5) shall include the lawyers with regard to the property and rights which may be the subject of the litigation, in which they may take part by virtue of their profession and office.
History —Civil Code, 1930, § 1348; Sept. 13, 1996, No. 227, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 283 - Effects of Contract of Purchase and Sale When Thing Sold Has Been Lost (§ 3791) › § 3791 - Loss of thing sold; partial loss

If at the time of making the sale, the thing which is the object thereof has been wholly lost, the contract shall be of no effect.
But if the thing should be lost in part only, the vendee shall choose between withdrawing from the contract or demanding the existing part, paying its price, in proportion to the total sum agreed upon.
History —Civil Code, 1930, § 1349.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 285 - Obligations of Vendor (§§ 3801 — 3856) › Subchapter I - General Provisions (§ 3801) › § 3801 - Delivery and warranty

A vendor is bound to deliver and warrant the thing which is the object of the sale.
History —Civil Code, 1930, § 1350.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 285 - Obligations of Vendor (§§ 3801 — 3856) › Subchapter II - Delivery of Thing Sold (§§ 3811 — 3822) › § 3811 - When thing considered delivered; execution of instrument

A thing sold shall be considered as delivered, when it is placed in the hands and possession of the vendee.
When the sale should be made by means of a public instrument, the execution thereof shall be equivalent to the delivery of the thing which is the object of the contract, if in said instrument the contrary does not appear or may be clearly inferred.
History —Civil Code, 1930, § 1351.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 285 - Obligations of Vendor (§§ 3801 — 3856) › Subchapter II - Delivery of Thing Sold (§§ 3811 — 3822) › § 3812 - Delivery of personal property

With the exception of the cases mentioned in the preceding section, the delivery of personal property shall be made by the delivery of the keys of the place or depository where it is stored or kept, and by the mere consent and agreement of the contracting parties, if the thing sold cannot be transferred to the possession of the vendee, at the time of the sale, or if the latter already held it in his possession for any other reason.
History —Civil Code, 1930, § 1352.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 285 - Obligations of Vendor (§§ 3801 — 3856) › Subchapter II - Delivery of Thing Sold (§§ 3811 — 3822) › § 3813 - Delivery of incorporeal things

With regard to incorporeal things, the provisions of the second paragraph of § 3811 of this title shall govern. In any other case in which it cannot be applied, the placing of the titles of ownership in the possession of the vendee or the use which he may make of his right with the consent of the vendor shall be considered as a delivery.
History —Civil Code, 1930, § 1353.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 285 - Obligations of Vendor (§§ 3801 — 3856) › Subchapter II - Delivery of Thing Sold (§§ 3811 — 3822) › § 3814 - Cost of delivery

The cost of the delivery of the thing sold shall be borne by the vendor, and those of its removal or transportation by the vendee, except in case of a special stipulation.
History —Civil Code, 1930, § 1354.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 285 - Obligations of Vendor (§§ 3801 — 3856) › Subchapter II - Delivery of Thing Sold (§§ 3811 — 3822) › § 3815 - Delivery before payment of price

The vendor shall not be bound to deliver the thing sold, if the vendee should not have paid the price, or if a period for the payment has not been fixed in the contract.
History —Civil Code, 1930, § 1355.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 285 - Obligations of Vendor (§§ 3801 — 3856) › Subchapter II - Delivery of Thing Sold (§§ 3811 — 3822) › § 3816 - Insolvency of vendee

Neither shall the vendor be obliged to deliver the thing sold when a delay or time for payment may have been agreed upon, and it should be discovered after the sale that the vendee is insolvent to such a degree that the vendor is in imminent danger of losing the price.
From this rule is excepted the case in which the vendee gives security for the payment within the time agreed upon.
History —Civil Code, 1930, § 1356.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 285 - Obligations of Vendor (§§ 3801 — 3856) › Subchapter II - Delivery of Thing Sold (§§ 3811 — 3822) › § 3817 - Condition in which delivered; fruits

The vendor must deliver the thing sold in its condition at the time of the completion of the contract.
All the fruits shall belong to the vendee from the day on which the contract was perfected.
History —Civil Code, 1930, § 1357.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 285 - Obligations of Vendor (§§ 3801 — 3856) › Subchapter II - Delivery of Thing Sold (§§ 3811 — 3822) › § 3818 - Obligation to deliver all that is stated in contract; real property of less area or different character

The obligation to deliver the thing sold includes that of placing in the possession of the vendee all that is mentioned in the contract, according to the following rules:
If the sale of real property should be made with a statement of its area, at the rate of a certain price for a unit of measure or number, the vendor shall be obliged to deliver to the vendee, if the latter should require it, all that may have been mentioned in the contract; but should this not be possible, the vendee may choose between a proportional reduction in the price or the rescission of the contract, provided that in the latter case the decrease in the real estate is not less than one-tenth (1/10) of the area given it.
The same shall be done, even when the area appears to be the same, if any part of the real estate is not of the character mentioned in the contract.
The rescission in such case shall only take place at the will of the vendee, when the inferior value of the thing sold exceeds one-tenth (1/10) of the price agreed upon.
History —Civil Code, 1930, § 1358.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 285 - Obligations of Vendor (§§ 3801 — 3856) › Subchapter II - Delivery of Thing Sold (§§ 3811 — 3822) › § 3819 - Real property of greater area

If in the case of the preceding section there is greater area or number in real estate than those mentioned in the contract, the vendee shall be obliged to pay the price of the excess if the greater area or number should not exceed one-twentieth (1/20) of those mentioned in the contract; but should it surpass said one-twentieth (1/20), the vendee may choose between paying the greater value of the estate or withdrawing from the contract.
History —Civil Code, 1930, § 1359.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 285 - Obligations of Vendor (§§ 3801 — 3856) › Subchapter II - Delivery of Thing Sold (§§ 3811 — 3822) › § 3820 - Real property sold for fixed price; two or more estates

In the sale of real estate made for a fixed price and not at the rate of a specified sum for a unit of measure or number, the increase or decrease of the same shall not be considered, even when greater or less area or amount than that stated in the contract may be found.
The same shall take place when two or more estates should be sold for a single price; but, if besides mentioning the boundaries, which are indispensable in every conveyance of real estate, their area and number should be designated in the contract, the vendor shall be obliged to deliver all that is included within said boundaries, even when they exceed the area or number specified in the contract; and, should he not be able to do it, he shall suffer a reduction in the price, in proportion to what is lacking in the area or number, unless the contract be annulled by reason of the vendee not accepting the failure to deliver what had been stipulated.
History —Civil Code, 1930, § 1360.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 285 - Obligations of Vendor (§§ 3801 — 3856) › Subchapter II - Delivery of Thing Sold (§§ 3811 — 3822) › § 3821 - Prescription of actions

The actions arising from §§ 3818, 3819 and 3820 of this title shall prescribe after six (6) months, counted from the day of the delivery.
History —Civil Code, 1930, § 1361.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 285 - Obligations of Vendor (§§ 3801 — 3856) › Subchapter II - Delivery of Thing Sold (§§ 3811 — 3822) › § 3822 - Sale to different vendees

If the same thing should have been sold to different vendees, the ownership shall be transferred to the person who may have first taken possession thereof in good faith, if it should be personal property.
Should it be real property, it shall belong to the person acquiring it who first recorded it in the registry.
Should there be no entry, the property shall belong to the person who first took possession of it in good faith, and, in the absence thereof, to the person who presents the oldest title, provided there is good faith.
History —Civil Code, 1930, § 1362.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 285 - Obligations of Vendor (§§ 3801 — 3856) › Subchapter III - Warranty (§§ 3831 — 3856) › § 3831 - Warranty generally

By virtue of the warranty referred to in § 3801 of this title the vendor shall warrant to the vendee:
(1) The legal and peaceful possession of the thing sold.
(2) That there are no hidden faults or defects therein.
—Civil Code, 1930, § 1363.
History
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 285 - Obligations of Vendor (§§ 3801 — 3856) › Subchapter III - Warranty (§§ 3831 — 3856) › § 3832 - Warranty in case of eviction—when eviction takes place; liability of vendor

Eviction shall take place when by a final judgment, and by virtue of a right prior to the sale, the vendee is deprived of the whole or of a part of the thing purchased.
The vendor shall be liable for the eviction even though no stipulation has been included in the contract on the subject.
The contracting parties may, however, increase, decrease, or suppress this legal obligation of the vendor.
History —Civil Code, 1930, § 1364.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 285 - Obligations of Vendor (§§ 3801 — 3856) › Subchapter III - Warranty (§§ 3831 — 3856) › § 3833 - Warranty—Exemption of vendor from liability void

Any stipulation exempting the vendor from obligation of answering for the eviction shall be void, provided there should be bad faith on his part.
History —Civil Code, 1930, § 1365.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 285 - Obligations of Vendor (§§ 3801 — 3856) › Subchapter III - Warranty (§§ 3831 — 3856) › § 3834 - Warranty—Renunciation of warranty by vendee

If a vendee should have renounced the right of warranty in the case of eviction and it occurs, the vendor must deliver only the price which the thing had at the time of the eviction, unless the vendee has made the renunciation knowing the risk of eviction and submitting to its consequences.
History —Civil Code, 1930, § 1366.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 285 - Obligations of Vendor (§§ 3801 — 3856) › Subchapter III - Warranty (§§ 3831 — 3856) › § 3835 - Warranty—Rights of vendee upon eviction

If a warranty should have been stipulated, or if nothing has been agreed upon on this point, if the eviction has taken place, the vendee shall have the right to demand of the vendor:
(1) The restitution of the price which the thing sold had at the time of the eviction, whether it be greater or less than that of the sale.
(2) The fruits or proceeds, should he have been adjudged to deliver them to the person who won the suit instituted against him.
(3) The costs of the suit which caused the eviction, and, in a proper case, those of the suit instituted against the vendor for the warranty.
(4) The expenses of the contract, if the vendee should have paid them.
(5) The damages and interest and the voluntary expenses or of mere recreation or ornamentation, should the sale have been made in bad faith.
History —Civil Code, 1930, § 1367.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 285 - Obligations of Vendor (§§ 3801 — 3856) › Subchapter III - Warranty (§§ 3831 — 3856) › § 3836 - Warranty—Rights of vendee upon partial loss through eviction

Should the vendee lose, on account of the eviction, a part of the thing sold of such importance, in relation to the whole, that he would not have purchased it without said part, he may demand the rescission of the contract; but with the obligation to return the thing without other charges than those it had when he acquired it.
The same provision shall be observed when two (2) or more things should be jointly sold for a lump sum, or a special price for each one of them, should it clearly appear that the vendee would not have purchased one without the other.
History —Civil Code, 1930, § 1368.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 285 - Obligations of Vendor (§§ 3801 — 3856) › Subchapter III - Warranty (§§ 3831 — 3856) › § 3837 - Warranty—Warranty demandable only after final judgment

A warranty cannot be demanded until a final judgment may have been rendered by which the vendee should be adjudged to lose the thing acquired or a part thereof.
History —Civil Code, 1930, § 1369.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 285 - Obligations of Vendor (§§ 3801 — 3856) › Subchapter III - Warranty (§§ 3831 — 3856) › § 3838 - Warranty—Notice to vendor of suit for eviction

The vendor shall be obligated to the proper warranty whenever it is proved that he was given notice of the suit for eviction at the instance of the vendee. In the absence of this notice the vendor shall not be bound to the warranty.
History —Civil Code, 1930, § 1370.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 285 - Obligations of Vendor (§§ 3801 — 3856) › Subchapter III - Warranty (§§ 3831 — 3856) › § 3839 - Warranty—Time for notice and answer

A defendant vendee shall request within the period fixed in the Law of Civil Procedure for answering the suit that notice thereof be given to the vendor or vendors within the shortest period possible.
This notification shall be made in the manner established in said law for the summoning of defendants.
The time to answer granted to the vendee shall be suspended until the expiration of that granted the vendor or vendors to appear and answer the complaint, and which periods shall be the same as those granted all defendants by the aforesaid Law of Civil Procedure, counted from the notification prescribed in the first paragraph of this section.
Should the persons summoned for eviction not appear in the proper time and manner, the period in which to answer the suit shall continue with regard to the vendee.
History —Civil Code, 1930, § 1371.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 285 - Obligations of Vendor (§§ 3801 — 3856) › Subchapter III - Warranty (§§ 3831 — 3856) › § 3840 - Warranty—Undisclosed burden or easement

If the estate sold should be encumbered by any nonapparent burden or easement, not mentioned in the instrument, of such a nature that it must be presumed that the vendee would not have acquired it had he been aware thereof, he may request the rescission of the contract, unless he should prefer the proper indemnity.
During a year, to be counted from the date of the execution of the instrument, the vendee may either institute the rescissory action or request the indemnity. After the lapse of one year, he can only demand such indemnity within an equal period, to be counted from the date on which the incumbrance or easement was discovered by him.
History —Civil Code, 1930, § 1372.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 285 - Obligations of Vendor (§§ 3801 — 3856) › Subchapter III - Warranty (§§ 3831 — 3856) › § 3841 - Warranty against hidden defects or burdens—Hidden and patent defects

The vendor is bound to give a warranty against hidden defects which the thing sold may have should they render it unfit for the use to which it was destined, or if they should diminish said use in such manner that had the vendee had knowledge thereof he would not have acquired it or would have given a lower price for it; but said vendor shall not be liable for the patent defects or those which may be visible, neither for those which are not visible if the vendee should be an expert and who by reason of his trade or profession should easily perceive them.
—Civil Code, 1930, § 1373.
History
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 285 - Obligations of Vendor (§§ 3801 — 3856) › Subchapter III - Warranty (§§ 3831 — 3856) › § 3842 - Warranty—Defects unknown to vendor

The vendor is liable to the vendee for the warranty against faults or hidden defects in the things sold, even when they should be unknown to him.
This provision shall not obtain if the contrary should have been stipulated and the vendor should not have been aware of said faults or hidden defects.
History —Civil Code, 1930, § 1374.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 285 - Obligations of Vendor (§§ 3801 — 3856) › Subchapter III - Warranty (§§ 3831 — 3856) › § 3843 - Warranty—Option between rescission or reduction of price; damages

In the case of §§ 3841 and 3842 of this title the vendee may choose between withdrawing from the contract, the expenses which he may have incurred being returned to him, or demanding a proportional reduction of the price, according to the judgment of experts.
If the vendor knew of the faults or hidden defects in the thing sold and did not give notice thereof to the vendee, the latter shall have the same option, and, furthermore, be indemnified for the losses and damages should he choose the rescission.
History —Civil Code, 1930, § 1375.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 285 - Obligations of Vendor (§§ 3801 — 3856) › Subchapter III - Warranty (§§ 3831 — 3856) › § 3844 - Warranty—Loss on account of hidden faults

If the thing sold should be lost on account of hidden faults and the vendor was aware of them, he shall bear the loss, and return the price and pay the expenses of the contract, with losses and damages. If he was not aware thereof, he shall only return the price and pay the expenses of the contract which the vendee may have paid.
History —Civil Code, 1930, § 1376.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 285 - Obligations of Vendor (§§ 3801 — 3856) › Subchapter III - Warranty (§§ 3831 — 3856) › § 3845 - Warranty—Loss by accident or fault of vendee

If the thing sold had any hidden fault at the time of the sale, and should be lost afterwards by a fortuitous event or by fault of the vendee, the latter may demand of the vendor the price he paid, deducting the value the thing had when lost.
If the vendor acted in bad faith, he must pay losses and damages to the vendee.
History —Civil Code, 1930, § 1377.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 285 - Obligations of Vendor (§§ 3801 — 3856) › Subchapter III - Warranty (§§ 3831 — 3856) › § 3846 - Warranty—Liability for losses and damages in judicial sales

There shall be no liability for losses and damages in judicial sales, but all the other provisions of §§ 3831-3845 of this title shall be applied.
History —Civil Code, 1930, § 1378.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 285 - Obligations of Vendor (§§ 3801 — 3856) › Subchapter III - Warranty (§§ 3831 — 3856) › § 3846a - Warranty—Bona fide purchaser

The purchaser in a sale through public auction held in compliance of a court order shall be considered as a bona fide purchaser, who has not been notified of taxes or latent defects of the object sold, in all cases in which he shall be considered as such, if the sale had been made voluntarily by the defendant in person.
History —Civil Code, 1930, added as § 1378A, on May 12, 1980, No. 40, p. 102, § 1, eff. May 12, 1980.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 285 - Obligations of Vendor (§§ 3801 — 3856) › Subchapter III - Warranty (§§ 3831 — 3856) › § 3847 - —Prescription of actions

Actions arising from the provisions of §§ 3841-3846a of this title shall be extinguished after six (6) months, counted from the delivery of the thing sold.
History —Civil Code, 1930, § 1379.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 285 - Obligations of Vendor (§§ 3801 — 3856) › Subchapter III - Warranty (§§ 3831 — 3856) › § 3848 - Warranty—Redhibitory vices when animals sold together

If two (2) or more animals should be sold together, whether it be for a lump sum or for a special price for each of them, the redhibitory vice of each one shall only cause the redhibition of the same and not that of the others, unless it appears that the vendee would not have purchased the sound one or ones without the defective animal.
This is presumed when a team, yoke, pair, or set is bought, even when a special price has been fixed for each one of the animals composing the same.
History —Civil Code, 1930, § 1380.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 285 - Obligations of Vendor (§§ 3801 — 3856) › Subchapter III - Warranty (§§ 3831 — 3856) › § 3849 - Warranty—Redhibitory vices in things sold together

The provisions of § 3848 of this title, with regard to the sale of animals, is understood as applicable also to the sale of other things.
History —Civil Code, 1930, § 1381.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 285 - Obligations of Vendor (§§ 3801 — 3856) › Subchapter III - Warranty (§§ 3831 — 3856) › § 3850 - Warranty—Animals sold at auction, etc

Warranty for the hidden vices of animals and cattle shall not obtain in sales made at fairs or at public auctions, nor in the sale of riding beasts, sold as condemned, except in the case prescribed in § 3851 of this title.
History —Civil Code, 1930, § 1382.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 285 - Obligations of Vendor (§§ 3801 — 3856) › Subchapter III - Warranty (§§ 3831 — 3856) › § 3851 - Warranty—Diseased or useless animals

Animals and cattle suffering from contagious diseases shall not be the object of a contract of sale. Any contract made with regard to the same shall be void.
A contract of sale of cattle and animals shall also be void, when the use or service for which they are acquired being stated, they are found to be useless therefor.
History —Civil Code, 1930, § 1383.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 285 - Obligations of Vendor (§§ 3801 — 3856) › Subchapter III - Warranty (§§ 3831 — 3856) › § 3852 - Warranty—When vice of animals redhibitory; liability of veterinarian

If the hidden vice of animals, even if a professional inspection has been made, should be of such a nature that the knowledge of experts is not sufficient to discover it, it shall be considered as redhibitory.
But if the veterinarian, through ignorance or bad faith, should fail to discover or to give notice of it, he shall be liable for losses and damages.
History —Civil Code, 1930, § 1384.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 285 - Obligations of Vendor (§§ 3801 — 3856) › Subchapter III - Warranty (§§ 3831 — 3856) › § 3853 - Warranty—Time for instituting redhibitory action

The redhibitory action, based on the vices or defects of animals, must be instituted within forty (40) days, counted from their delivery to the vendee, unless, by reason of the customs in each locality, longer or shorter periods are established.
This action in the sale of animals may only be enforced with regard to the vices and defects of the same, determined by law or by local customs.
History —Civil Code, 1930, § 1385.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 285 - Obligations of Vendor (§§ 3801 — 3856) › Subchapter III - Warranty (§§ 3831 — 3856) › § 3854 - Warranty—Death of animal within three days

If the animal should die within three (3) days after being bought the vendor shall be liable, provided the disease that caused the death, in the judgment of veterinarians, existed before the contract.
History —Civil Code, 1930, § 1386.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 285 - Obligations of Vendor (§§ 3801 — 3856) › Subchapter III - Warranty (§§ 3831 — 3856) › § 3855 - Warranty—Return of animal upon rescission of sale

If the sale has been rescinded the animal must be returned in the condition in which it was sold and delivered, the vendee being liable for any injury due to his negligence and which does not arise from the redhibitory vice or defect.
History —Civil Code, 1930, § 1387.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 285 - Obligations of Vendor (§§ 3801 — 3856) › Subchapter III - Warranty (§§ 3831 — 3856) › § 3856 - Warranty—Option of vendee in sale of animals with redhibitory vices

In the sale of animals and cattle with redhibitory vices the vendee shall enjoy the privilege mentioned in § 3843 of this title; but he must make use thereof within the same period which has been respectively fixed for the exercise of the redhibitory action.
History —Civil Code, 1930, § 1388.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 287 - Obligations of Vendee (§§ 3871 — 3876) › § 3871 - Time and place of payment of price

The vendee is obliged to pay the price of the thing sold at the time and place stipulated in the contract.
If the time and place should not have been fixed, the payment must be made at the time and place where the thing sold is delivered.
History —Civil Code, 1930, § 1389.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 287 - Obligations of Vendee (§§ 3871 — 3876) › § 3872 - Interest

In the three (3) following cases the vendee shall owe interest from the time the thing is delivered until the payment of the price:
(1) Should it have been so stipulated.
(2) Should the thing sold and delivered produce fruits or income.
(3) Should he be in default in accordance with § 3017 of this title.
History —Civil Code, 1930, § 1390.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 287 - Obligations of Vendee (§§ 3871 — 3876) › § 3873 - Suspension of payment when vendee disturbed in possession, etc

Should the vendee be disturbed in the possession or ownership of the thing acquired, or should have reasonable grounds to fear being disturbed by an action for recovery or mortgage suit, he may suspend the payment of the price until the vendor has caused the disturbance or danger to cease, unless he gives security for the restitution of the price, in a proper case; or should it have been stipulated that, notwithstanding any such contingency, the vendee shall be bound to make the payment.
History —Civil Code, 1930, § 1391.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 287 - Obligations of Vendee (§§ 3871 — 3876) › § 3874 - Right of vendor who fears loss of real property

Should the vendor have reasonable grounds to fear the loss of the real property sold and its price, he may immediately request the rescission of the sale.
Should such grounds not exist, the provisions of § 3052 of this title shall be observed.
History —Civil Code, 1930, § 1392.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 287 - Obligations of Vendee (§§ 3871 — 3876) › § 3875 - Payment by vendee after time agreed upon

In the sale of real property, even though it may have been stipulated that in the absence of the payment of the price within the time agreed upon, the rescission of the contract shall take place by full right, the vendee may pay, even after the expiration of the period, as long as he has not been summoned either judicially or by a notarial act. After the suit has been instituted the judge cannot grant him a further period.
History —Civil Code, 1930, § 1393.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 287 - Obligations of Vendee (§§ 3871 — 3876) › § 3876 - Rescission of sale of personal property for benefit of vendor

With regard to personal property, the rescission of the sale shall take place by full right for the benefit of the vendor when the vendee, before the lapse of the period fixed for the delivery of the thing, should not have appeared to receive it, or having appeared, he should not have offered the price at the same time, unless a longer period has been stipulated for the payment thereof.
History —Civil Code, 1930, § 1394.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 289 - Rescission of Sale (§§ 3891 — 3925) › Subchapter Preliminary - General Provisions (§ 3891) › § 3891 - Causes for rescission

The sale shall be rescinded for the same causes as all other obligations, and furthermore for those mentioned in the preceding Chapters and by conventional or legal redemption.
History —Civil Code, 1930, § 1395.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 4 - Obligations and Contracts (§§ 2991 — 5305) › PART IV - Contracts of Purchase and Sale (§§ 3741 — 3961) › Chapter 289 - Rescission of Sale (§§ 3891 — 3925) › Subchapter I - Conventional Redemption (§§ 3901 — 3915) › § 3901 - When conventional redemption takes place

Conventional redemption shall take place when the vendor reserves to himself the right to recover the thing sold, with the obligation to comply with § 3912 of this title, and whatever more may have been agreed upon.
History —Civil Code, 1930, § 1396.