Explanation of Article 319
This article complements the provision of Article (31), which states that ownership of the sold item transfers to the buyer upon the contract, except for other cases included in the articles referred to by that article. When the sold item is such that its ownership does not transfer merely by the contract, it does not mean that the seller is relieved of his obligation to transfer ownership. Rather, the contract of sale establishes an obligation on him to transfer the ownership of the sold item to the buyer by doing what is necessary to transfer ownership and refraining from any act that would make the transfer of the right impossible or difficult. This includes:
- If the sold item is specified by its type - where ownership does not transfer except by segregation; the seller is obliged to segregate the sold item and may not refuse to do so or perform any act that makes segregation impossible or difficult.
- If the sold item requires certain procedures for its ownership to transfer according to the system; the seller must do what is necessary on his part to enable the buyer to complete that procedure, such as certifying the sale and providing the buyer with the necessary documents and the like.
- If the transfer of ownership is contingent upon a suspensive condition such as delivery or payment of the deferred price or otherwise, the seller must do what is necessary to transfer ownership once that condition is fulfilled.
It is clear from the above that the provision of this article does not apply to the original case of the sale contract where the ownership of the specifically identified sold item transfers immediately upon the conclusion of the sale contract.
Related To
Article 319
The seller shall take any action necessary to transfer the ownership of a sold item to the buyer and shall refrain from any action that would render such transfer impossible or burdensome.