Explanation of Article 348
The subject of the article is the place where the buyer is required to pay the price, and the article distinguishes between two cases:
The first case: The price is due at the time of delivery of the sold item, such as when it is agreed to pay the price and deliver the sold item at the time of the contract, or both are deferred to the same term, or the contract is concluded without specifying a time for delivery of the sold item and payment of the price, in which case the default is that both must be fulfilled immediately.
The first paragraph of the article clarifies that if the price is due at the time of delivery, it should be paid at the place of delivery of the sold item. The place of delivery, as previously mentioned, is the location of the sold item at the time of sale if the item is specifically identified, or the place of sale if the item is identified by type, or the agreed place or the customary place if there is an agreement or custom to the contrary.
The ruling contained in the paragraph is an exception to the general rule stated in paragraph (1) of Article (275) that the place of fulfillment in a contractual obligation, except for specifically identified items, is the place where the obligation arises.
The second case: The price is not due at the time of delivery, such as when the price is deferred to a time beyond the delivery of the sold item or when the price is due and the delivery of the sold item is deferred.
The second paragraph of the article clarifies that if the price is not due at the time of delivery of the sold item, the place of payment is the place of the contract, whether the sold item must be delivered at the place of the contract or elsewhere. This ruling is consistent with the aforementioned general rule.
All the provisions contained in the article apply in the absence of an explicit or implicit agreement to the contrary. An implicit agreement includes the existence of a custom or practice between the contracting parties to the contrary; if there is an explicit or implicit agreement, it must be adhered to.
Related To
Article 348
A buyer shall pay at the place of delivery the price that is due at the time of delivery of the sold item; if the price is not due at the time of delivery, it shall be paid at the place where the contract was concluded, unless agreed otherwise.