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Chapter 1. - Sale

Art. 1727Definition
Art. 1728Application of this Chapter
Art. 1729Integral Parts of Immovables
Art. 1730Things to be Manufactured
Art. 1731Distinguished from Contract For Services
Art. 1732Subject of Sale
Art. 1733Terms of the Contract
Art. 1734Offers to the Public
Art. 1735Delay or Error in Transmission of Notice
Art. 1736General Provision
Art. 1737Essence of Obligation
Art. 1738Quantity Fixed Approximately
Art. 1739Place of Delivery
Art. 1740Shipping Arrangements
Art. 1741Time of Delivery
Art. 1742Documents Relating to the Things
Art. 1743Simultaneity with payment
Art. 1744Steps Necessary for the Transfer of Ownership
Art. 1745Warranty against Dispossession
Art. 1746Third-Party Intellectual Property Claims
Art. 1747Provisions Excluding or Restricting Warranties
Art. 1748Notice of Third-Party Claims
Art. 1749Making the Seller Join as Party to Proceedings
Art. 1750Compromise
Art. 1751Principle
Art. 1752Conformity with Contract
Art. 1753Buyer’s Knowledge of Non-Conformity
Art. 1754Time when Defects Are to be Considered
Art. 1755Right to Cure up to Date for Delivery
Art. 1756Examination of Things by Buyer
Art. 1757Provision Excluding or Restricting Warranty
Art. 1758Period for Relying on a Nonconformity
Art. 1759Contractual Period of Guarantee
Art. 1760Excuse for Failure to Notify
Art. 1761Seller's Knowledge of Nonconformity
Art. 1762Prescription of Right of Action and Defenses
Art. 1763General Provision
Art. 1764Obligation to Pay the Price
Art. 1765Open-price Contracts
Art. 1766Price Determined By Weight
Art. 1767Place of Payment
Art. 1768Date of Payment
Art. 1769Payment Due Without Request
Art. 1770Credit Sale
Art. 1771Buyer’s Obligation to Take Delivery
Art. 1772Expenses of Contract
Art. 1773Expenses of Payment
Art. 1774Expenses of Delivery
Art. 1775Expenses after Delivery
Art. 1776Expenses of Transport
Art. 1777Customs Duties
Art. 1778Principle
Art. 1779General Rules
Art. 1780Risk When Contract Involves Carriage
Art. 1781Sale of Things During Transit
Art. 1782Risk When Seller in Breach
Art. 1783Provision Relating to Expenses
Art. 1784Things Shipped in common
Art. 1785Fundamental Breach
Art. 1786Declaration of Termination
Art. 1787Remedies Available to Buyer
Art. 1788Buyer’s Right to Compel Performance
Art. 1789Buyer’s Notice Fixing Additional Time
Art. 1790Cure After Delivery
Art. 1791Buyer’s Right to Terminate the Contract
Art. 1792Loss of Right to Terminate
Art. 1793Reduction of Price
Art. 1794Partial Delivery
Art. 1795Early Delivery. Excess Quantity
Art. 1796Remedies Available to Seller
Art. 1797Seller’s Right to Compel Performance
Art. 1798Seller’s Notice Fixing Additional Time
Art. 1799Seller’s Right to Terminate the Contract
Art. 1800Loss of Right to Terminate the Contract
Art. 1801Missing Specifications
Art. 1802Suspension of Performance
Art. 1803Anticipatory Breach
Art. 1804Installment Contracts
Art. 1805General Provisions
Art. 1806Damages Established by Substitute Transaction
Art. 1807Damages Based on Current Price
Art. 1808Mitigation of Damages
Art. 1809Interest
Art. 1810Exemptions
Art. 1811Failure of Performance Caused by Other Party
Art. 1812Effect of Termination
Art. 1813Buyer’s Inability to Restore Things
Art. 1814Preservation of Other Remedies
Art. 1815Restitution of Benefits Received
Art. 1816Seller’s Duty to Preserve Things
Art. 1817Buyer’s Duty to Preserve Things
Art. 1818Deposit in warehouse
Art. 1819Sale of the Things
Art. 1820Definition
Art. 1821Time for Acceptance
Art. 1822Silence of Buyer
Art. 1823Implied Acceptance
Art. 1824Risk of Loss or Damage
Art. 1825Definition
Art. 1826Right of Option of the Seller
Art. 1827Termination of Contract
Art. 1828Exigibility of Balance
Art. 1829Definition
Art. 1830Termination of Contract
Art. 1831Definition
Art. 1832Time for Redemption
Art. 1833Prohibition
Art. 1834Notice of Intent to Redeem
Art. 1835Obligations of Seller
Art. 1836Securing a Loan
Art. 1837Definition
Art. 1838Voluntary and Forced Auctions
Art. 1839Conditions of Sale
Art. 1840Disclosure of Seller's Identity
Art. 1841Obligations of Bidder
Art. 1842Completed Sale
Art. 1843Payment in Cash
Art. 1844Failure to Pay Price
Art. 1845Warranty Due By Seller
Art. 1846Consumer Sales
Art. 1847Prohibited Terms
Art. 1848Claim for Costs
Art. 1849Use of Vending Machines
Art. 1850Termination
Art. 1851Warranty against Contagious Diseases
Art. 1852Independent Work Relating to Immovables and Sale
Art. 1853Form of Contract
Art. 1854Registration in Registers of Immovable Property
Art. 1855Cooperation of Seller
Art. 1856Seller to Declare Certain Rights
Art. 1857Registered Rights and Burdens
Art. 1858Sale of Immovable Belonging to Others
Art. 1859Lesion
Art. 1860Warranty of Area
Art. 1861Conditions and Time
Art. 1862Rights of Seller
Art. 1863Compulsory Execution of Contract
Art. 1864Sale with Right of Redemption
Art. 1865Reference
Art. 1866Definition
Art. 1867Obligations of Parties
Art. 1868Transfer of Usufruct
Art. 1869Transfer of Incorporeal Property
Art. 1870Definition
Art. 1871Scope
Art. 1872Termination of Contract
Art. 1873Effect of Termination of Contract
Art. 1874Definition
Art. 1875Object of Contract
Art. 1876Price
Art. 1877Time of Payment
Art. 1878Time of Performance
Art. 1879Non-performance of Contract
Art. 1880Preference Clause
Art. 1881Exclusive Clause in Favor of Supplier
Art. 1882Exclusive Clause in Favor of Buyer
Art. 1883Contract for Indefinite Term

Civil Code · English · 2015

Article 1853

Form of Contract

A contract of sale of an immovable shall be of no effect unless it is made in writing.

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About this text

This is the 2015 English-language edition attributed in its front matter to the Ministry of Justice. Eri Atlas has not independently verified the translation, later changes, or whether the text is currently in force. Nine passages are incomplete in the available scan and are identified where they occur.

Source title: Civil Code of the State of Eritrea
Edition: 2015
Issuing body: Ministry of Justice, State of Eritrea
Repository: FAOLEX
Language: English
Source pages: 523

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