PROBLEM: Who bears the loss: AFTER perfection of the contract and BEFORE delivery, the sb!ect "atter of sale bein# a speci$c thin#% &A'OT: The byer, ass"in# the seller is ()* not in defalt and the (+* thin# is lost ithot his faltLAW: Article )./0- Any in!ry to or bene$t fro" the thin# sold, after the contract has been perfected, fro" the "o"ent of the perfection of the contract to the ti"e of delivery, shall be #overned by articles ))12 to ))13, and )+1+Article )+1+- An obli#ation hich consists in the delivery of a deter"inate thin# shall be e4tin#ished if it shold be lost or destroyed ithot the falt of the debtor, and before he has incrred in delayArticle )32/- 5n case of loss, deterioration or i"prove"ent of the thin# BEFORE its delivery, the rles in article ))/6 shall be observed, the vendor bein# considered the debtor de btor-Article ))/6 ()*- 5f the thin# is lost ithot ithot the falt of the debtor, debtor, the obli#ation shall be e4tin#ished7 'eneral rle: Res perit do"ino 'eneral rle din: The obli#ation to deliver a speci$c thin# is e4tin#ished e4tin#ished if the thin# is lost or destroyed ithot the falt of the seller and before he has been in defalt(8ot applicable on: delivery of fn#ibles, #eneric thin#s, 9asi 'ens does not perish-*
nder this rle, hich follos the Ro"an Rle, the ris9 of the thin# sold passes to the byer, even tho#h the thin# has not yet been delivered to hi"- Therefore, if a hose (sold* be destroyed holly or partly by $re the loss falls pon the byer ho "st pay the price, even tho#h he has not received the thin#- For the seller is not liable for anythin# hich happens ithot his frad or ne#li#ence- Bt if after the sale any allvion has accred to the land, the bene$t #oes to the byer for the bene$t o#ht to belon# to hi" ho has the ris9- (&her"an, 5nchiridion Ro"ani ;ris, &ec- +61-* ;R5&PR
Fro" the lan#a#e of the decision of 'ri"alt the 5MPL5=AT5O8 as clear nder the old =ivil =ode: that had the contract been perfected, even ithot the schooner bein# delivered to the byer to transfer onership, the byer old have borne the ris9 of loss- This as spported by then Article ).3+ of the old =ivil =ode (no Article )./0 of the 8e =ivil =ode* that any in!ry to or bene$ t fro" the thin# sold, after the contract has been perfected, fro" the "o"ent of perfection to the ti"e of delivery, shall be to the accont of the byer-
