Explanation of Article 324
This article mentions what constitutes the actual delivery of the sold item; as delivery is of two types: actual delivery through a physical act, and constructive delivery through a legal action or agreement, without a physical act. This article clarifies what constitutes the first type, which is actual delivery; it is only realized with the availability of two elements:
The first element: placing the sold item in the possession of the buyer, or in a situation where he can possess and benefit from it without any obstacle preventing him from doing so, even if he has not physically taken possession of it, in a manner that is consistent with the nature of the sold item; the delivery of each item is according to its nature. For example, in real estate, delivery is achieved by the seller vacating the property, removing his furniture, and handing over its keys and documents. In small movables, it is done by handing over, and in some movables, it may suffice to separate them in the presence of the buyer if the sold item is specified by its type, and in some cases, vacating may suffice as in the sale of animals.
The second element: the seller must inform the buyer that he has vacated the item for him so that he can possess and benefit from it. This notification is obligatory on the seller for the delivery to be realized, and there is no specific form required for this notification, whether it is done in writing, verbally, or otherwise. The burden of proving that he has fulfilled the obligation of notification lies with the seller.
Related To
Article 324
A sold item shall be deemed delivered if placed in the possession of the buyer, or if the seller allows the buyer to take possession of the sold item and benefit therefrom without hindrance, provided the seller notifies the buyer thereof. Such delivery shall be made in accordance with the nature of the sold item.