Chapter Second: Forward Sale

Article 487

Art. 487 - The selem is a contract whereby one of the parties advances a determined sum of money to the other party, who in turn undertakes to deliver a determined quantity of foodstuffs or other movable objects within an agreed-upon deadline. It can only be proven in writing.

Article 488

Art. 488 - The price must be paid to the seller in full, and as soon as the contract is concluded.

Article 489

Art. 489 - If the delivery deadline is not determined, the parties are presumed to refer to the local custom.

Article 490

Art. 490 - The commodities or other things which are the subject of the contract must be determined, under penalty of nullity, by quantity, quality, weight or measure, according to their nature. When the sold things are of the kind that are neither counted nor weighed, it is sufficient that the quality be exactly determined.

Article 491

Art. 491 - If the place of delivery is not determined, delivery is due at the place of the contract.

Article 492

Art. 492 - If the seller, without being at fault or in default, is prevented, due to a case of force majeure, from delivering what he has promised, the buyer has the choice of terminating the contract and having the price he has paid refunded, or of waiting until the following year. If, in the following year, the product that was the subject of the sale is offered by the seller, the buyer is required to accept it and no longer has the option of terminating the contract; the same applies if he has already received part of the thing. If, on the contrary, the product does not exist, the provision of the first paragraph of this article is applied.

Article 493

Art. 493 - A promise to sell is a contract by which a person undertakes to sell a thing to another person who does not immediately undertake to buy. \tThis operation is essentially unilateral. \tIt creates no obligation on the part of the beneficiary of the promise, but it binds in a firm manner the promisor who can no longer withdraw his offer and who must await the decision of the creditor.

Article 494

Art. 494 - The effects of the contract are transmitted actively and passively to the heirs of the parties.

Article 495

Art. 495 - The promisor who alienates a movable thing to a third party, in disregard of the commitment they had undertaken, indeed renders the purchaser the owner, but is liable for damages towards the creditor due to the non-performance of the obligation they had contracted.

Article 496

Art. 496 - When the creditor declares that he wishes to buy, the promise of sale becomes a sale, but without retroactivity; the transfer of ownership is effected on the day of the adhesion. \tHowever, to assess the lesion, one must consider the day on which the seller gave his consent.

Article 497

Art. 497 - The unilateral promise to purchase is also lawful; it must be understood and analyzed, mutatis mutandis, as the promise of sale.

Article 498

Art. 498 - In matters of real estate, the promise to sell is governed by the applicable land legislation.