Explanation of Article 317
The first paragraph clarified that the default in a sale is the immediate payment of the price. If the contracting parties do not specify a payment date, the price must be paid immediately, as the contract of sale requires the delivery of the sold item to the buyer and the payment of the price to the seller immediately, unless there is an agreement or custom that dictates otherwise.
The second paragraph clarified that the default for the start of the term, if the price is deferred or in installments, is from the date of the contract. For example, if the sale is concluded on the first day of the month, with the delivery of the sold item on the tenth day of the month, and the payment of the price after thirty days, and it is not mentioned whether this period of thirty days is calculated from the date of the contract or from the date of delivery, the period is calculated from the date of the contract, not from the date of delivery, unless there is an explicit or implicit agreement that dictates otherwise. An implicit agreement could be a custom to the contrary, applying the general rule: "What is known by custom is like a stipulated condition," and the rule: "Designation by custom is like designation by text."
Related To
Article 317
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The price shall be payable at the time of sale, unless the parties agree to a deferred payment or payment in installments for a definite term.
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If the payment is deferred or to be made in installments, the term shall commence from the date of the contract, unless agreed otherwise.