the buyer. If the two parties dispute about when the defect arose, and either possibility is conceivable yet no evidence exists, the buyer’s statement is accepted on oath.1 Should the circumstances allow only for one party’s claim, that claim is accepted without an oath.
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The option of discrepancy in description. When the buyer discovers that the item that was described2 to him—or that he had inspected shortly before the contract—has changed, he may rescind, and if they differ he must swear.
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The option of discrepancy in the amount of the price. If they disagree over its sum, the seller first swears, “I did not sell it for such-and-such; I sold it only for such-and-such,” after which the buyer swears, “I did not buy it for such-and-such; I bought it only for such-and-such.” The sale is then annulled.
Section
The buyer acquires absolute ownership of the merchandise as soon as the contract is concluded, and he may dispose of it before taking possession; if it perishes, the loss is his. Goods sold by measure, weight, count, or length are an exception: they remain at the seller’s risk until the buyer takes possession, and the buyer may not sell, gift, or pledge them beforehand. If such goods are destroyed by a heavenly calamity before delivery, the contract is automatically dissolved. If their destruction results from the act of the seller or a third party, the buyer may either rescind—recovering the price—or ratify the sale and claim compensation from the one who caused the loss. In all of the above, the price is governed by the same rules as the merchandise.