Title VII: Exchange

Exchange is a contract by which the parties respectively give each other one thing for another.

The exchange takes place by consent alone, in the same way as a sale.

If one of the co-permutants has already received the thing to be given to him in exchange, and he then proves that the other contracting party is not the owner of that thing, he cannot be compelled to deliver that which he has promised in counter-exchange, but only to return that which he has received.

A co-permutant who is evicted from the thing he received in exchange has the choice of concluding to damages or repeating his thing.

Rescission on the grounds of lesion does not occur in a contract of exchange.

All the other rules prescribed for the contract of sale apply, moreover, to the exchange.