Explanation of Article 362
The article clarifies that each of the contracting parties in a barter contract is considered a seller of the item they bartered and a buyer of the item they received in exchange. For example, if a person barters their car for another person's agricultural machine, in this scenario, they are considered a seller of their car and a buyer of the other's machine, while the other party is considered a seller of the machine and a buyer of the car. Each party is obligated, concerning the item they bartered, to fulfill the obligations of a seller. This includes taking necessary actions on their part to transfer ownership of the item they bartered to the other contracting party and delivering it in the condition it was in at the time of the barter. They must also bear the costs of delivering the item they bartered and ensure against eviction, entitlement, and defects in the item they bartered, as outlined in the sales contract.
Conversely, each party is obligated, concerning the item they received in exchange, to fulfill the obligations of a buyer in a sale. This includes taking delivery of the item they received at the location it was at the time of the barter, transporting it without delay except for the time required for transportation, and bearing the costs of receiving it. Neither party has priority in receiving the item they received in exchange before delivering the item they bartered, unless there is an agreement or custom to that effect.
Related To
Article 362
Each of the parties to a contract of exchange shall be deemed a seller with respect to the property transferred by him and a buyer with respect to the property transferred to him.