Skip to content
Civil Law

Explanation of Article 321

Explanation of Article 321

The article clarified the second obligation of the seller's obligations under the contract of sale, which is the delivery of the sold item to the buyer, and that this is only achieved by fulfilling three matters: First: The occurrence of delivery, as will be explained. Second: The sold item must be delivered in the condition it was in at the time of the contract, without any alteration, whether by addition or removal. Third: The sold item must be free from any right of a third party unknown to the buyer, such as a usufruct right or a mortgage, for example. The delivery stage is considered essential as it transfers the responsibility for the destruction or damage of the sold item, making the seller responsible before delivery and the buyer afterward. The end of the article clarified that the delivery expenses - if there is no agreement or custom - are borne by the seller because he is the debtor of the delivery; applying the general rule stipulated in Article (27) which states that the expenses of fulfillment are on the debtor, and the delivery expenses of the sold item refer to the expenses related to transporting the sold item to the place of delivery, whether it is the place of the contract or any other place agreed upon for delivery. The article did not specify the place and time of delivery; which means the application of general rules, and that there is no specificity for sale in these two matters; thus, if there is no agreement or custom on the place of delivery, the sold item must be delivered if it is specified in itself at the place where the sold item is located at the time of sale, and if it is specified by type, it must be delivered at the place of sale according to Article (277), and as for the time, delivery must be immediate upon the completion of the sale unless there is an agreement or custom to the contrary according to Article (275).

Related To

Article 321

  1. The seller shall deliver the sold item to the buyer in its condition at the time of sale and shall bear the costs of delivery, unless agreed otherwise.

  2. The seller shall deliver the sold item unencumbered by any right to a third party that the buyer is not aware of.