Explanation of Article 325
This article clarifies the second type of delivery of the sold item, which is constructive delivery. It serves as a substitute for actual delivery and is distinguished by the fact that constructive delivery is a legal or agreed-upon action rather than a physical act. This article explains one type of constructive delivery, where delivery is considered to have occurred merely by the legal action taking place, which is the sale. This applies when the sold item was in the possession of the buyer before the sale for any reason or cause, such as lending, deposit, lease, or if it was seized, and the sale occurred during that time. In this case, possession is considered delivery of the sold item, even if no physical act is performed by the seller or buyer, unless the contracting parties agree not to consider that possession as delivery. It can be inferred from the article that the silence of the contracting parties in this situation is sufficient for delivery to occur upon the conclusion of the sale without the need for a special agreement to that effect.
Related To
Article 325
If a sold item is in the possession of the buyer in any capacity or for any reason prior to the sale, such possession shall be deemed delivery of the item, unless agreed otherwise.