Practice question
A seller sues for a fixed-date price payable irrespective of delivery. Before judgment, the seller manifests an inability to perform its own sale obligations. What Article 1595 qualification matters?
- The buyer can never defend
- A fixed date erases every seller duty
- Only the buyer’s age matters
- The article expressly makes that inability or intention not to perform a defense to the stated price action
- The seller automatically wins twice the price
Legal references
- Civil Code, Articles1484-1486,1544 and1595-1599: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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